IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9935 of 2010 BHOLA SAO @ SHAMBHU SAO, son of Sri Ganga Bishun Sao Versus STATE OF BIHAR ----------- 2/ 30.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 7 of the Essential Commodities Act. The present case was instituted when a truck loaded with wheat was intercepted and the driver and cleaner could not produce any paper with regard to the same. During investigation, it transpired that one of the witness stated that the petitioner being agriculturist had sold some wheat and, therefore, he is also involved in the present occurrence. In view of such, let the petitioner, above named, who is in custody since 29.1.2010, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Harnaut P.S. case no.165 of 2009, subject to the conditions (i)that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner,(ii) that the affidavit shall clearly state that the petitioner is not accused in any other case and, if he is, he shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at - 2 - liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)