IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19679 of 2010 ANAND KUMAR son of Sri Raghuwir Prasad r/o Mohalla Bari Pahari, P.S. Sohsarai, Dist. Nalanda …Petitioner. Versus STATE OF BIHAR O.P. ----------- For the petitioner : Mr. Kumar Kaushik, Advocate For the State : Mr. Umesh Lal Verma, A.P.P. ----------- 2 21.6.2010 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on record. Petitioner apprehends his arrest with respect to a criminal prosecution registered for offences under sections 414, 467, 468, 470, 420, 120 B/34 of the Indian penal Code as also under section 7 of the E.C. Act. According to the prosecution case 197 quintal 50 Kg. rice was seized by Block Supply Officer, Biharsharif while the same was being unloaded at the shop of the petitioner situate within the premises of Bazar- Samiti, Biharsharif. It is submitted that as a matter of fact the rice in question was sent to the petitioner’s shop by some other traders and as such the same were not belonging to the Food Corporation of Indian and were not meant for distribution through P.D.S. It is further submitted that seized rice has already been directed to be released in favour of the petitioner and co-accused Ranjeet Kumar by an order dated 4.5.2010 passed in C.W.J.C. No. 6645 of 2010 by a Bench of this Court. It is also high lighted that as a matter of fact entire prosecution allegation is based on suspicion and surmises and allegation of indulgence of the petitioner in black marketing is absolutely false and wrong. - 2 - In the aforesaid facts and circumstances, in the event of arrest 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/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, , Nalanda at Biharsharif in connection with Laheri P.S. Case no. 42 of 2010, subject to the conditions laid down under section 438(2) Cr.P.C. and subject to further conditions : (a) That one of the bailors must be Govt. 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. ( Birendra Prasad Verma, J. ) M.Rahman