IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30339 of 2009 CHAMAK LAL CHOUDHARY s/o late Chulahi Choudhary, resident of Bariyapur Bazar, P.S. Bariarpur, District- Munger. Versus THE STATE OF BIHAR with Cr.Misc. No.31039 of 2009 CHANDRA SHEKHAR PRASD s/o late Sitaram Sah, resident of Bariyarpur Bazar, P.S. Bariarpur,District- Munger. Versus STATE OF BIHAR ----------- 2 16.9.09 Both petitioners are dealers under Public Distribution System apprehend their arrest in Bariyarpur P.S. case no. 40 of 2009 registered under Section 7 of E.C.Act. In sum and substance, it is alleged that the petitioners being dealers were entrusted with rice to be distributed on the permits to be issued by B.D.O. They could not account for substantial quantity of rice issued to them. Petitioners, on the other hand, submitted that rice was entrusted to them in the year 2005, permits were issued to them and they accepted. They delivered rice. They had substantial rice left thereafter but no permit was issued. Rice being perishable commodity, they informed in that regard to the authority. It is not the case of the petitioners that permits were not honoured by the petitioners. After four years, in the year 2009, petitioners were asked about rice that was delivered to them in 2005. 2 Be that as it may, in the event of their arrest/surrender, above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Munger, in Bariyarpur P.S.Case no. 40/2009, subject to the conditions, as laid down u/s 438(2) Cr.P.C. Singh ( Navaniti Prasad Singh,J.)