IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36933 of 2008 MD. ALAM`, son of Md. Shamshu @ Samsuddin Maulvi, resident of Village Durgapur, P.S. Barari, District Katihar ---- Petitioner Versus STATE OF BIHAR ----------- 2. 26.11.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Barari P.S. Case No.61/2008 for the alleged offences registered under sections 406, 420 and 120B of the Indian Penal Code and section 7 of the Essential Commodities Act. The allegation against the petitioner is that he was the Driver of the tractor on which the wheat were brought and kept in the house of co-accused Ajhar Ali. It is submitted that neither the house from where the wheat were recovered belonged to the petitioner nor the same were recovered from his possession. It is further submitted that in the F.I.R. it has been alleged that the said wheat belonged to a Public Distribution System Dealer Ranjeet Bhagat, who had told co-accused Ajhar Ali to keep the wheat. In the above circumstances, the petitioner is not involved in the alleged offence. Considering the facts and circumstances, let the petitioner above named, in the event of his arrest or surrender in connection with Barari (Semapur) P.S. Case No.61/2008 within a period of four weeks from today, be enlarged on bail on furnishing 2 bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction the Chief Judicial Magistrate, Katihar, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)