IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32115 of 2011 Arjun Bhuiyan, S/o Tulsi Bhuiyan Versus The State Of Bihar ----------- 2. 24.10.2011 The petitioner is in jail custody since 11.06.2011 in connection with Kothi P.S. Case No. 09/2011 for the offences alleged under Section 7 of the E.C. Act and Section 420 of the Indian Penal Code, and have accordingly filed the present application for regular bail. According to the allegations in the First Information Report, the informant appears to have received information that the food grains meant for distribution among the BPL and under Antoday Scheme were being kept in the plastic bags from the F.C.I. bags in the Khalihan of one Amar Singh for the purpose of being sold in black market. Raid has also been conducted in the P.D.S. shop of the petitioner where 86 bags weighing 50 Kg. each were found in the shop of the petitioner and it was alleged that the distribution register was improperly maintained. Learned counsel for the petitioner submits that no offence is made out even prima facie, considering that the raiding party had found the food grains being packed into the plastic bags from F.C.I. bags in the Khalihan of one Amar Singh and not in or around of P.D.S. shop of the petitioner, as such, he has no concern with the said offence. He further submits that as regards the food grains in his own P.D.S. shop, the same are properly explained inasmuch as out of 205 bags, he is in possession of red and yellow cards relating to the distribution of 119 bags of food grains under the different schemes and thus the 86 bags found in P.D.S. shop stand duly explained. Any minor discrepancy or irregularities in the distribution register may be the result of the petitioner being an illiterate person and not on account of any intentional wrong doing on his part. Heard learned counsel for the State. In view of the fact that the main allegation relating with regard to the food grains being packed in plastic bags from F.C.I. bags had not been connected with the petitioner rather was being carrying on in the Khalihan of one Amar Singh and not in the P.D.S. shop of the petitioner, and also considering that the stock of food grains found in the petitioner’s P.D.S. shop had been properly explained, as such, in the event of his arrest or surrender before the court below within six weeks from the date of production/ receipt of a copy of this order, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub- Divisional Judicial Magistrate, Sherghati, Gaya, in connection with Kothi P.S. Case No. 09/2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. Fahad. ( Vikash Jain, J. )