IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15392 of 2008 SANJEEV KUMAR SAH Versus STATE OF BIHAR ----------- 2. 5. 5. 08. Heard learned counsel for the petitioner and also learned A.P.P. for the State. The petitioner is a dealer under Public Distribution System. He apprehends his arrest in connection with Musrigharari P.S. Case No. 104 of 2006 registered under Section 7 of the Essential Commodities Act. As per the allegation in the F.I.R.,upon a raid being made in the house of one Sunil Mishra where 80 bags of rice each containing 50 Kg. of rice and containing the seal of F.C.I. were detected and seized and accused Bijay Kumar Jha was arrested from the spot. It is also stated that rice had been purchased by Raj Kishore @ Raju Jha and landlord Sunil Kumar Mishra from the dealer of Public Distribution System, Rajendra Sah. In Course of investigation it transpired that Rajendra Sah for the purpose of black marketing had supplied the rice to Raj Kishore @ Raju Jha and Vijay Kumar Jha. Although the petitioner has not been named in the F.I.R. it appears that in course of investigation his name surfaced and on apprehension of being arrested he has prayed for anticipatory bail. Dealers under Public Distribution System are exempted from prosecution under clause 31(2) of the Bihar Trade Articles(Licenses Unification) Order 1984 in view of their being agents of the Government. There is another aspect of the matter. For prosecution u/s 2 7 of the E.C. Act it must be stated as to what Order made u/s 3 of the Essential Commodities Act has been violated. There is no such declaration in the F.I.R.. as to which of the Order made u/s 3 of the Essential Commodities Act has been violated so as to invite prosecution u/s 7 of the E.C. Act. In the event of arrest or surrender by the petitioner namely; Sanjeev Kumar Sah is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Samastipur in connection with Musrigharari P.S. Case No. 104/2006, subject to the condition laid down under Section 438 (2) Cr.P.C. M. Pal. (Abhijit Sinha, J)