IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20499 of 2011 Prem Narayan Sah Versus The State Of Bihar ----------- 02/- 14/07/2011 Heard Mr. N.K.Agarwal and Mr. Ashok Kumar Jha learned counsel for the petitioner and Mr. Lalan Kumar learned Additional Public Prosecutor for the State. Petitioner is solitary named accused in this case with allegation that he has unloaded fertilizers within the jurisdiction of Sitamarhi for which he was not entitled. The police after investigation, not only submitted the final form, but also recommended action against the petitioner accepting the explanation that in transit due to some fault occurred in the vehicle, petitioner was compelled to unload the fertilizers. He immediately, informed the authorities concerned, subsequently, the seized fertilizers were ordered to be released. Taking a different view, cognizance was taken against the petitioner. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the petitioner, namely, Prem Narayan Sah, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi, in connection with Parsauni P.S. Case No. 02 of 2011, subject to condition laid down under Section 438 (2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at 2 least for two years or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)