IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35593 of 2011 Uttam Sao, S/o Sri Babu Lal Sao, resident of village-Sundarpur, P.O.- Bahachauti, P.S.-Dharhara (Hamjapur O.P.), District-Munger. ……………..Petitioner. Versus The State of Bihar ……………Opp. Party. ----------- 2. 21.10.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioner apprehends his arrest in connection with a case registered for the offence under Section 7 of the Essential Commodities Act. It is stated that the seizure list and written report which form the basis of F.I.R. does not disclose violation of any order issued under Section 3 of the E.C. Act. The petitioner is a dealer of food-grains for which he possesses certificate of registration under Section 19 of the Bihar Value Added Tax Ordinance, 2005 granted by the Assistant Commissioner of Commercial Taxes, Munger. The petitioner transacts his food-grains business in the name and style Maa Sharda Traders. He is fully authorized to store, preserve and sell the same. The bags containing F.C.I. marks are available in the market and recovery of such bags do not disclose any offence. The sale price of wheat and rice has not been statutorily fixed by the Government for the open market and hence question of black-marketing does not arise. The petitioner purchased 380 bags of rice from Om Satnarain Bhandar Ghoswari Mokama on 10.8.2011 under proper invoice. The foodgrain was transported to godown of the petitioner by truck under valid 2 challan. The petitioner owns and possesses stitching machine for stitching the bags which he purchased from Keshari Silai Machine Repairing Centre, Lakhisarai for Rs. 4, 860/- on 16.5.2010 and the bill has been annexed as Annexure-6 to the petition. It is also submitted that the petitioner has got no criminal antecedent. Considering the aforesaid facts and circumstances, let the petitioner, namely Uttam Sao in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Munger in connection with Dharahra (Hemjapur) P.S. Case No. 96 of 2011 subject to the conditions as laid down under Section 438(2) Cr. P.C. Sanjeet (Ashwani Kumar Singh, J.)