IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24320 of 2009 SANTOSH PASWAN Versus STATE OF BIHAR ----------- 3 27.8.2009 Heard learned counsel for the petitioner and learned counsel for the State. It is a case under Section 7 of the Essential of Commodities Act. Petitioner is said to be the driver of the Tractor- trailer from which 49 bags of rice and 12 bags of wheat were seized. It has been said in the FIR that the bags had the stamp of Food Corporation of India and, therefore, the bags appeared to be of same P.D.S.dealer being sent to the market for black- marketing. Learned counsel for the petitioner has referred Annexure-2 to show that all the bags were hand stitched. It is submitted that the bags were re-used for transportation of grains and there is no restriction of sale and purchase of wheat and rice. The fact that the bags were hand stitched shows that the petitioner was re-using the same for his own purpose which he might have purchased from the open market. Petitioner is said to be in custody since 16.5.2009. Considering the above facts and circumstances, the petitioner ,namely, Santosh Paswan is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten 2 thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Rahui P.S.Case No.128/2009. SKBOSE (J.N.Singh)