IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8715 of 2008 RAGHUBIR SHARMA & ANR Versus THE STATE OF BIHAR ----------- 02. 01.05.2008 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are accused for offence punishable under section 7 of the Essential Commodities Act. Learned counsel for the petitioners submits that the allegation is that food grains were being taken on three tractors and the same were seized by the police and petitioners, namely, Raghubir Sharma and Dilip Kumar Yadav were driver and labourer, respectively of one of the tractors. Learned counsel for the petitioners further submits that after investigation police found that the said food grains had been taken by contract agent already appointed for the said purpose and submitted final report. Learned counsel for the petitioners also avers that learned court below differed with the police report and took cognizance under the provision of sections 379 and 411 of the Indian Penal Code. Learned counsel for the petitioners also submits that the petitioners are in custody since 23.09.2007, although they have got no criminal antecedent. In the aforesaid facts and circumstances, this petition is allowed. Let petitioners, namely, Raghubir Sharma and Dilip Kumar Yadav be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand)each with two sureties of the like - 2 - amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Bahadurpur P.S. Case No. 196 of 2007. harish (S.N.Hussain, J.)