1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39668 of 2011 Vikash Kumar S/o Late ShivnathShah, R/o Village-Kuawa, P.S. Chakiya, District-East Champaran. --Petitioner Versus The State Of Bihar --Opp.Party 2 08.12.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is dealer in food grains and from his Godown on rent rice and wheat were recovered contained in the bags having marks of FCI but since he is not a P.D.S. dealer, as submitted, no license is required. In the facts and circumstances, the petitioner, in the event of arrest or surrender within four weeks, is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran, in 2 Chakia P.S. Case no. 52 of 2011, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that petitioner shall remain present before the court below till disposal of the case. In case of failure to remain present on two consecutive dates without reasonable explanation, the privilege granted shall be deemed to be cancelled. AAhmad ( Akhilesh Chandra, J.)