IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39931 of 2009 Birendra Prasad Yadav, son of Late Yogendra Prasad Yadav, Resident of Village-Rahta, P.S. Kumarkhand, District-Madhepura. ……….Petitioner. Versus The State of Bihar ……………………………..Opposite Party. ----------- 2. 01. 12. 2009. Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Kumarkhand P.S. Case No. 93/2009, registered under Section 7 of the E.C. Act. It is submitted that petitioner is not a P.D.S. dealer. However, it is submitted that petitioner has been falsely implicated in this case on mere suspicion for having food grains with F.C.I. mark. It is further submitted that gunny bags with F.C.I. mark are easily available in the open market. The seized rice was purchased by the petitioner and is free sale commodity. The same was not of any Government scheme. No criminal case can be maintainable against this petitioner. Learned A.P.P. is not in a position to refute the submissions of the petitioner. Considering the facts and circumstances of the case, the petitioner, namely, Birendra Prasad Yadav, in the event of his arrest or surrender within a period of four weeks from today in the court below, shall be released on bail on 2 furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura, in connection with Kumarkhand P.S. Case No. 93/2009, subject to the conditions as laid down under Section 438(2) of Cr.P.C. m.p. (Shailesh Kumar Sinha,J.)