M.L.Visa, J.

1. This application by petitioners has been filed for cancellation of bail granted to opposite party No. 2 by Incharge Chief Judicial Magistrate, Gaya on 3.6.2004 in Alipore Police Station Case No. 4 of 2004 u/s. 7 of Essential Commodities Act (In short "E.C. Act") and under Secs. 409/34 of Indian Penal Code (In short " Indian Penal Code, 1860 ").

2. Brief facts of the case are that on the basis of a written report of Block Development Officer, Tekari forwarding the report of Director, Accounts, Public Administration and Self Employment, District Rural Development Organisation, Gaya, a first information report under Secs. 409/34 of Indian Penal Code, 1860 and sec. 7 of EC Act was drawn against opposite party No. 2 and co-accused Kulwansh Das. The allegation is that co accused Kulwansh Das, a fair price dealer was supplied 220 quintals of rice for the years, 2001-02 and 2002-03 under Rural Employment Scheme. Shri Shiv Kumar Das, son of co accused Kulwansh Das in writing admitted that entire 220 quintals of rice was kept in the Panchayat Bhawan of Bishunpur and key was left with opposite party No. 2 and he also admitted that entire rice, instead of distributing i