IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43869 of 2011 ====================================================== Amit Kumar @ Amit Kumar Nayak @ Amit Nayak, son of Sri Umesh Nayak, resident of Tiwari Tola, Ward No. 33, P.S. & District- Saharsa .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== 2 21-12-2011 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Sadar P.S. Case No.493 of 2011 for the offence under section 7 of the Essential Commodities Act. According to the prosecution case a raid was conducted and from the shop of the petitioner huge quantity of wheat and rice bags were recovered. It is alleged that the rice and wheat were stored by the petitioner for sale of those in black market. In similar facts and circumstances one Gopal Prasad Agrawal @ Gopal Prasad granted bail by this Court vide order dated 11.08.2011 passed in Crl. Misc. No. 24548 of 2011. In that view of the matter, let the above named petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Saharsa in connection with Sadar P.S. Case No. 493 of 2011, subject to the conditions laid down under Section 438(2) Cr. P.C and (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. The bailor will undertake to furnish information to the court about any change in the address of 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) 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 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 shall be present on the date fixed for charge and if he fails to do so on two given dates and delay the trial in any manner, his bail bond will be liable to be cancelled for the reasons of misuse and (v) that the petitioner will be well represented on each and every date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled. ASHWINI /- (Shivaji Pandey, J.)