IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33998 of 2008 ARUN BURNWAL Versus STATE OF BIHAR ----------- 2 18.9.2008. Heard counsel for the petitioner and the State. Petitioner is not the P.D.S. dealer. Allegation against him is that he committed offence under section 7 of the Essential Commodities Act as from his business premises 83 bags of wheat each containing 50 K.Gs. in the bags of F.C.I. has been recovered which is suspected to be of F.C.I. Counsel for the petitioner submits that since the petitioner is not P.D.S dealer and there is no restriction for storage of wheat and rice as such no offence under section 7 of E.C.Act is made out. Regarding the packaging in the F.C.I. bags it is submitted that such bags are available in open market. Considering the aforesaid fact prayer for anticipatory bail is allowed. The petitioner namely Arun Burnwal is directed to surrender before the S.D.J.M Jamui within four weeks from today and on his so surrendering he shall be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Jamui in connection with Sono P.S.Case no 85 of 2007 subject to the condition as laid down under Section 438(2) Cr.P.C. Sss/- (Mridula Mishra, J) - 2 -