IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23158 of 2010 SUNIL SINGH SON OF LATE DAMODAR SINGH, RESIDENT OF PANDARAK BAZAR, P.O. AND P.S. PANDARAK, DISTRICT PATNA – PETITIONER. Versus STATE OF BIHAR—OPP. PARTY. ----------- 2/ 21-07-2010 Heard the parties. The petitioner apprehends his arrest in a criminal prosecution registered for offence under section 7 E.C. Act. According to the prosecution case from the Godown of the petitioner 76.95 quintals of wheat kept in 165 gunny bags of 50 kg. each and 2.84 quintals of rice kept in 6 bags were seized. The aforesaid seized articles were kept in gunny bags having seal of F.C.I. Admittedly the seizure of the aforesaid wheat and rice were made in absence of the petitioner. It is submitted that petitioner is a farmer having about 35 bighas of land and there is no legal material to show that those seized articles were either belonging to F.C.I. or were to be sold in black market. The petitioner claims that the wheat and rice, which are subject matter of seizure, are the yields of his own fields and the entire prosecution case against the petitioner is based on suspicion and surmises only. It is also stated that the petitioner is not accused in any other case. Taking into consideration the aforesaid facts and circumstances, it is directed that in the event of his arrest 2 or surrender in the court below within a period of four weeks from today the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Barh in connection with Pandarak P.S. Case No. 63 of 2010, subject to conditions as laid down under section 438(2) of the Cr. P.C. and subject to further conditions that : (A) one of the bailors must be government servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is 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 petitioner, 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 petitioner shall make regular pairvi in the court below in the present case either 3 by appearing themselves in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. BTiwary ( Birendra Prasad Verma, J)