IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35311 of 2011 Tohid Ahmad, Son of Rasid Ahmad of Village Bara Bariyarpur, Ward No. 10, P.S. Chhatauni, District East Champaran. -------Petitioner Versus The State Of Bihar -----Opposite Party ------------------ 03/- 01/12/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 28 dated 29/10/2011. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 409, 406 and 420 of the Indian Penal Code, is solitary named accused in this case being a P.D.S. dealer with whom some food grains were kept under particular scheme. Submission is that when an order was issued to recover some amount against alleged lying grains, the petitioner preferred C.W.J.C. No. 14506 of 2011 and in the light of order dated 12/09/2011 passed therein, he has already deposited the due amount on 30.09.2011 along with the representation which is to be disposed of within two months as evident from the order aforementioned and till then no coercive step is directed to be taken against the petitioner. In view of the above, till disposal of representation petition submitted in the light of order of this Court in aforementioned writ, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner 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, Motihari, East Champaran, in connection with Chhatauni P.S. Case No. 138 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of representation petition and 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.)