IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50667 of 2008 1. MD.ASHFAQUE @ ASHFAQUE AHMAD, Son of Rauf. 2. Md. Umair Alam @ Md. Omair Alam son of Harul Rashid Both are residents of village- Murali, P.S. Dhaka, District- East Champaran. ------- Petitioner Versus STATE OF BIHAR ------- Opposite Party ----------- 2 23.1.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This is an application for bail under Section 7 of the Essential Commodities Act. Learned counsel for the petitioners submits that after taking permission, the petitioners had got the surplus bags of fertilizer in his godown. The original of annexure-2 which is the permission granted by the Block Agriculture Officer has also been produced in Court. It is submitted that in view of the permission granted by the Block Agriculture Officer to store the fertilizer bags in his personal godown, it cannot be said that they were kept there for the purpose of selling fertilizer in black market. Be that as it may, petitioners Md. Ashfaque @ Ashfaque Ahmad and Md. Umair Alam @ Md. Omair Alam are directed to be released on 2 anticipatory bail in the event of their arrest or surrender within a period of six weeks in connection with Dhaka P.S. Case No. 138 of 2008 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari subject to the conditions laid down under Section 438(2) Cr.P.C. Sanjay (Sheema Ali Khan, J.)