IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17548 of 2011 MANOHAR SAH, son of Late Ganpat Sah, Resident of village- Bokane Kala, P.S. Patahi, District- East Champaran. .. Petitioner. Versus THE STATE OF BIHAR …… Opposite Party. ----------- 2. 15.06.2011. Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offence punishable under Section 7 of the Essential Commodities Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that he did not distribute articles to the people of B.P.L. rather he sold the essential commodities on higher price to others while misbehaving with the genuine consumers. It is further alleged that the petitioner’s shop was closed and the petitioner was not present nor there was any display board. Learned counsel for the petitioner further submits that the entire allegation is absolutely false and frivolous as due to non- availability of the fund, he could not take delivery of the articles from the Department and hence there was no occasion either for giving it to the B.P.L. consumers or selling it to others at higher price as alleged. He further submits that this fact has also been certified by Block Supply Officer on 08.01.2011 (Annexure-2). Considering the aforesaid facts and circumstances, this petition for anticipatory bail is allowed. In the event of arrest or surrender of the petitioner, namely, Manohar Sah within fifteen days from the date of receipt of a copy of this order in the court below, they shall be admitted to bail on executing bail bonds of Rs. 2 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sikrahna at Motihari, in connection with Patahi P.S. Case No. 96 of 2010 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Ibrar/ ( S.N. Hussain, J.)