1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34480 of 2011 Phooleshwar Das S/o Late Bengali Das, R/o Village- Kusheshwar Asthan, P.S. Kusheshwar Asthan,District- Darbhanga. --Petitioner Versus The State Of Bihar --Opp.Party 3 23.12.2011 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. Petitioner is named accused in this case, being P.D.S. dealer. The articles released in his favour were found lying somewhere else. Submission is that under compelling circumstances it was kept during transit with due information given to the authorities. Since the articles were placed in a shop of dealer of grains, there is some variation in stock at the place article was seized but it tallied with stock and sale register of petitioner’s premises. Considering 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) 2 with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Biraul at Darbhanga, in Kusheshwar Asthan P.S. Case no. 86 of 2011 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present on each and every date before the court below till disposal of the case. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be cancelled. AAhmad/ ( Akhilesh Chandra, J.)