IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39538 of 2009 MD.SABIR ANSARI, Son of Late Noor Mazid Ansari, Resident of village Ghosaut, P.S. Sivaipatti, District Muzaffarpur … Petitioner Versus STATE OF BIHAR ……… Opp. Party For the petitioner : Mr. S.S.P. Yadav, Advocate For the State : Mr. Ram Priya Sharan Singh, A.P.P. ---- 2 16.11.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under Section 379 of the Indian Penal Code. It is submitted on behalf of the petitioner that earlier a case was registered under Section 7 of the Essential Commodities Act (hereinafter referred to as “the E.C. Act”) against this petitioner and the informant also. However, in that case both of them had been acquitted of the charges vide order as contained in Annexure 2. Thereafter the informant, who is the truck owner, had lodged a complaint against the petitioner with regard to the alleged attempt of theft of 220 bags of wheat. Petitioner is stated to be in jail custody since 29.8.2009. It is submitted on behalf of the State that while the - 2 - petitioner was passing through Hajipur, the truck met with accident and thereafter it was searched and a case under Section 7 of the E.C. Act was lodged by the police. However, the police implicated the petitioner and the informant but both of them were acquitted of the charges as aforesaid and the informant had lodged this case against the petitioner for alleged attempt of theft of the aforesaid 220 packet of wheat. In the facts and the circumstances of the case, the petitioner, MD.SABIR ANSARI, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in connection with Madhuban P.S. Case No. 49 of 2001. Spd/- (Dr. Ravi Ranjan, J.) -----------