IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.25521 OF 2009 AMBIKA RAI, SON OF HARI CHARAN RAI, RESIDENT OF VILLAGE UFFARPURA, P.S. PHULWARISHARIF, DISTRICT PATNA VERSUS STATE OF BIHAR ----------- 3. 13.11.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Section 7 of the Essential Commodities Act and sections 379 and 411 of the Indian Penal Code. Petitioner is said to have been caught while unloading wheat bags of F.C.I. from a truck for black-marketing. A supplementary affidavit has been filed by petitioner from which it appears that Khalasi, owner and driver of the truck have been allowed bail by this Court. Learned counsel for the petitioner submits that petitioner was a labourer, who, on the orders of others, was unloading wheat bags and without his knowledge that the said wheat bags were being unloaded by him for sale in black–market. Petitioner is in custody since 03.04.2009. It is stated that he has no criminal antecedent. - 2 - Considering the above facts and circumstances, this application is allowed. Let petitioner (Ambika Rai) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Patna in Special Case No.4/09, Phulwarisharif P.S. Case No.145 of 2009 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J.N. Singh, J.)