IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18544 of 2010 Pankaj Kumar Gupta, Son of Vijay Prasad Gupta, Resident of Village Nayabazar, Lakhisarai, Mohalla Pachana Road, Ward No. 22, P.S. Lakhisarai, District Lakhisarai. ------- Petitioner Versus The State of Bihar ----- Opp. Party ----------- 3 13.08.2010 Heard learned counsel for the petitioner and counsel for the State. Earlier the prayer for bail of the petitioner was rejected by order dated 14.12.2009 in Cr. Misc. No. 35955 of 2009 with a condition that the petitioner would be released on bail only if he has got no criminal antecedent. Counsel for the petitioner would submit that since there was only one criminal case against the petitioner under Section 7 of the Essential Commodities Act, the petitioner could not be released on bail despite an order in his favour. The petitioner is in custody since 29.7.2009 and has thus completed one year of judicial custody. Considering this aspect as also keeping in view the earlier order of this Court dated 14.12.2009 in Cr. Misc. No. 35955 2 of 2009, this Court would direct for release of the petitioner, namely, Pankaj Kumar Gupta on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 305 of 2009 (G.R. No. 668 of 2009), subject to the following conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and his absence even for a single day would automatically entail the consequences of cancellation of his bail. (iii) The petitioner in case is now made accused in any other criminal case except one under Section 7 of the Essential Commodities Act, as indicated above, that would itself lead to cancellation of his bail. Subject to the aforementioned conditions, the prayer for bail of the 3 petitioner is allowed. Rsh (Mihir Kumar Jha, J.)