IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8136 of 2010 NUNESHWAR THAKUR,son of Moti Thakur,resident of village-Mohanpur,P.S.-Laxmipur,Dist.-Jamui. .. .. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party. ----------- For the Petitioner :M/s S.K.Thakur & S.P. Prasar,Advocates For the State :Mr. Anuj Kumar Shrivastava, Addl.P.P. ----------- 02/ 16-04-2010 Heard the parties. Petitioner apprehends his arrest in connection with Laxmipur P.S.Case No.115/2009 dated 10-08-2009, registered under Section 7 of the E.C.Act. According to prosecution case, 1.50 quintals of Arwa rice was being carried on a Thela. It was apprehended by some of the villagers on the assumption that the said rice was meant for distribution amongst the consumers and was being taken away for sale in the black market. Learned counsel for the petitioner submits that the petitioner, apart from P.D.S. dealer, is farmer also and the aforesaid seized rice was not the rice issued by the Government for the purpose of distribution amongst the consumers and, in fact, it belongs to him and, therefore, no offence under Section 7 of the E.C. Act is at all made out. In view of the aforesaid facts, there appears to be some dispute as to whether the seized rice was exclusively belonging to the petitioner as farmer or it was meant for distribution amongst consumers, in the event of arrest/surrender within a period of four 2 weeks from today in the above noted case, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Jamui, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)