IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27606 of 2011 Jagarnath Sah, S/O-Fudeni Sah Versus The State Of Bihar ----------- 02 05.09.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Admittedly, petitioner was driver of the truck bearing Registration No. B.R.F. 7507. The aforesaid truck was intercepted by the informant and detected that 220 bags of rice, which had been issued from Food Corporation, had been loaded on the aforesaid truck. The informant checked the invoice of the aforesaid rice and detected that wheat had also been issued through the aforesaid invoice but the wheat was found missing from the aforesaid truck. Learned counsel for the petitioner submitted that, as a matter of fact, the wheat was being transported by its owner by another vehicle which is evident from Annexure-2 to this petition. He further submitted that even if, the prosecution story assumed to be true, then also, petitioner cannot be made responsible for the offence under Section 7 of Essential Commodities Act. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 168 of 2011. SHAHZAD ( Hemant Kumar Srivastava, J.)