IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31447 of 2011 1.Laxmi Shankar Prasad @ Gopal Prasad 2.Triyogi Prasad @ Triyogi Narayan Prasad Both sons of late Satyanarayan Prasad, Resident of Gola Bazar, Samastipur, P.S.- Samastipur Town, District- Samastipur Versus The State of Bihar ----------- 2. 17.10.2011. Heard learned counsel for petitioners and learned counsel for the State. The petitioners apprehend their arrest in connection with a case registered for the offence punishable under section 7 of the Essential Commodities Act and section 3(1)A of the Black Marketing act. At the very out set it is submitted that no Act such as 3(1)A of the Black Marketing Act is in existence. It is alleged that on 7th February, 2011 a team of D.R.I., Members of the Custom Department, inspected the premises of Bhagwati Rice Mill and found 19 trailers and two trucks standing, out of which 12 trailers and 1 truck were loaded with broken rice, weighing in all 900 quintals whereas 7 trailers and one truck were loaded with 744.65 quintals of rice. The broken rice, rice, trailers and trucks were seized. After seizure, trucks, trailers and rice were kept in the custom office, Forbesganj. Since no body appeared and claimed the said articles till 12th February, 2011, the present case was instituted by the Block Supply Officer for the offence alleged hereinabove. The petitioners are said to be owner of rice mill. It is submitted that rice mill in question is closed since several years. 2 There is no boundary wall in the rice mill. The petitioners are residing at Samastipur. They have got their ancestral property, land etc at Araria also including the land and rice mill in question. It is further submitted that the petitioners have no claim over the rice or broken rice, trailer or truck. It is also submitted that there is no control on sale or purchase of rice since 2002. In 2002 all control on sale, purchase and storage has been abolished. No licence is required for carrying on business in these commodities. The rice is a free sale commodity. There is no movement control on these commodities. There is no price control on sale and purchase of rice. Hence, question of sending rice for black marketing as a matter of fact would not attract any offence. It is also submitted that the petitioners have no criminal antecedent and they are respectable men of the society. Taking into consideration the facts and circumstances of the case let the petitioners named above, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Jogbani P.S. Case No.12 of 2011 (G.R. Case No.314 of 2011) subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)