IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43664 of 2011 Gobind Prasad Agrawal Versus The State Of Bihar ---------------------------------- 2. 20.12.2011 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in Hassanpur P.S.Case No. 122 of 2010 registered u/s 7 of the E.C.Act. According to the FIR a raid was conducted in the shop of the petitioner from where empty 8 cylinder and one cylinder with 4 Kg. LPG of different agencies were recovered. The details of cylinders have been mentioned in the search and seizure-list which shows that altogether 9 cylinders were seized. It has been submitted on behalf of petitioner that he is assisting the general public in procuring gas on their behalf and for that he had kept gas cylinders. It has further been stated that the allegation of transferring gas cylinder from one cylinder to another has not been found but allegation has been made on the basis of apparatus for refilling gas. It has further been submitted that there is no violation of L.P.G. Regulation, Supply and Distribution Order as the recovery is of empty cylinders 2 and not the cylinders filled with gas. It has further been submitted that the petitioner has no criminal antecedent. Under the circumstances, in the event of arrest or surrender within 4 weeks from to-day petitioner Gobind Prasad Agrawal is directed to be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rosera in Hassanpur P.S.Case No. 122 of 2010, subject to the conditions as laid down u/s 438(2) Cr.P.C. and (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is, he shall not be released on bail, (iii) the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) that the petitioner will give an undertaking that he will receive the police papers on the given 3 date and shall be present on the date fixed for charge and if he fails to do so on two given dates and delay the trial in any manner, his bail bond will be liable to be cancelled for the reasons of misuse and (v) that the petitioner will be well represented on each and every date and if he fails to do so on two consecutive dates, the bail bonds will be liable to be cancelled. Jay/ (Shivaji Pandey, J)