IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33986 of 2011
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Bhim Prasad
…. …. Petitioner/s
Versus
The State Of Bihar
…. …. Opposite Party/s
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with
Criminal Miscellaneous No.33999 of 2011
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Sunil Kumar Sinha
…. …. Petitioner/s
Versus
The State Of Bihar
…. …. Opposite Party/s
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with
Criminal Miscellaneous No.34000 of 2011
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Abhay Kumar
…. …. Petitioner/s
Versus
The State Of Bihar
…. …. Opposite Party/s
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2 12-10-2011 Heard learned counsels for the petitioners and the State.
The petitioners being the rice mill owners are
apprehending their arrest in a case registered under Section 7
of the Essential Commodities Act and Sections 420, 467 and
468 of the Indian Penal Code.
The accusation is based on the inspection of the rice
mills of the petitioners when it was found that the petitioner
delivered less than 50% rice to the F.C.I as required under
Clause 3 of the Levy Order as the rice mill owners are
required to sell 50% of the quantity of rice produced or
manufactured out of the paddy received on the minimum
support price to the F.C.I. The other accusation is that the
paddy has been procured from other sources than from the
agriculturists.
It is submitted by learned Sr. counsel for the petitioner
that in fact, the accusation is based on the miscalculation as
the petitioners have supplied more than 50% of the
manufactured rice to the F.C.I and there is no question of non-
supplying of the rice to the F.C.I, since the rates of the rice in
the market and the levy price is almost same.
It is further submitted that the procurement of the paddy
from the other sources is only suspicious in nature as there is
no documentary proof to that effect.
Considering the aforesaid submissions particularly in
view of the fact that accusations are based on the calculations
which has been done in a very mechanical manner, let the
above named petitioners, be released on anticipatory bail, in
the event of their arrest or surrender before the learned Court
below within a period of 12 weeks from today, on furnishing
bail bond of Rs. 10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Nalanda at Bihar Sharif in connection
with Laheri P.S. Case No. 176/2011, subject to the conditions
as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J)
Amrendra Kumar/-