IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43347 of 2010 Gorakh Prasad, Chairman, Manjhariya PACS, Gaunaha, son of Gauri Shankar Raut, resident of village Balua, Police Station Gaunaha, District- West Champaran… Petitioner Versus The State Of Bihar …………….. Opp.Party ----------- 2. 26.3.2011 Heard learned counsel for the petitioners. No one appears for the State. The petitioner prays for anticipatory bail in a case under Sections 420,409,273,34 of the Indian Penal Code and Section 7 of the E.C. Act. The allegation in the FIR is that on a check made in the godown of the Food Corporation of India, the samples of rice taken out from 13 packets were found to be of low quality and not fit for human consumption. The rice had been obtained from different PACS and Millers. On the basis of the said finding, FIR has been lodged against Chairman of seven PACS and six Millers. Learned counsel for the petitioner submits that supply of rice to the Food Corporation of India are being made by as many as 254 PACS, 66 Millers, Biscomaun and SFC. There was no special seal or 2 identification mark on any of the stored bags from which 13 samples have been drawn and thus fixing liability only against the Chairman of 7 PACS and 6 Millers is clearly a matter of speculation and not based upon the factual reality. It is further submitted by learned counsel that so far as the petitioner is concerned the qualify of the rice supplied by him are checked and verified on supply itself and quality certificates are duly issued and only thereafter the payments are made and at a subsequent date the petitioner cannot be held liable for any deterioration in quality or inferior quality. It is also submitted by learned counsel that as many as seven out of 13 accused persons have already been granted anticipatory bail by this Court in different Cr. Misc. case on different dates in the year 2010 as detailed in para-19 of the application. On a consideration of the facts and circumstances of the case, it is directed that the petitioner, Gorakh Prasad, in the event of his arrest/surrender within four weeks from today, shall be released on bail on furnishing bail bond of Rs. 20,000/- 3 (twenty thousand) with two sureties of the like amount each in connection with Bettiah Muffasil P.S. Case No. 232 of 2010 to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, subject to the conditions laid down under Section 438(2) Cr.P.C. S.Pandey ( Ramesh Kumar Datta, J.)