IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34302 of 2011 ====================================================== 1. Md. Tabrej Alam son of Md. Mokimuddin 2. Md. Juber Alam, son of Md. Mokimuddin Both are resident of village- Parsarai, P.S. Amour, District Purnea. 3. Md. Ekram son of Md. Iliyas, resident of village Kochka, P.S. Amour, District- Purnea. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K.Agrawal, Sr. Advocate with Mr. Sujit Sinha, Advocate. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 12-10-2011 Heard learned counsel for the petitioners. None appears on behalf of the State to oppose the prayer made on behalf of the petitioners in the present case. The petitioners apprehend their arrest in a criminal prosecution registered under Section 7 of the Essential Commodities Act. It is submitted that according to the prosecution case itself, the petitioners are not alleged to have violated any orders issued in terms of Section 3 of the E.C. Act and, therefore, no prosecution under Section 7 of the E.C. Act can be sustained against them. It is also submitted that admittedly petitioner no.1 was a contractor for supplying the Mid-day- meal. Petitioner nos. 2 and 3 are his family members. By referring to Annexure-3 it is submitted that the Block Development Officer, Amour (Purnea) had directed petitioner no.1 to vacate the Godown in question within 24 hours, so that the Gram Panchayat election is properly conducted there on Patna High Court Cr.Misc. No.34302 of 2011 (2) dt.12-10-2011 2 20th April 2011. In compliance of the aforesaid direction, petitioner no.1 is said to have vacated the Godown and kept the food-grains at other place, which have been seized by the Government officials. Therefore, it is submitted that the Government is not at all at loss. Be that as it may, in the facts and circumstances of the case, in the event of their arrest or surrender in the court below within a period of four weeks from today, let the above named petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Purnea in connection with Amour P.S. Case No. 34 of 2011, subject to the conditions laid down under Section 438(2) Cr. P.C. and subject to the further conditions that: (A) One of the bailors must be government servant or close family members of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners, (B) if the petitioners are found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (C) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every Patna High Court Cr.Misc. No.34302 of 2011 (2) dt.12-10-2011 3 dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioners. BTiwary/- (Birendra Prasad Verma, J)