IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31454 of 2011 ====================================================== Upendra Singh @ Upendra Kr Singh, son of late Birendra Singh, resident of village-Jadopur Balua Tola, police Station-Jadopur, District-Gopalganj. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party : Mr. Satyendra Nr. Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 15-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under Section 7 of the Essential Commodities Act. Learned counsel for the petitioner submits that though the petitioner has been named in the First Information Report as an accused, but his name had transpired on the basis of alleged confession made by co-accused Sunil Kumar Bari, the driver of the vehicle, in question. It is further submitted that 25 bags of foodgrains were seized from the aforesaid vehicle whereafter driver disclosed the name of the petitioner. It is also submitted that there is no legal material to suggest that as a matter of fact seized foodgrains was being transported for the purpose of black 2 marketing. Be that as it may, in the facts and circumstances of the case, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, the above named petitioner is directed to be released on bail, on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each in connection with Jadopur P.S. Case No. 60 of 2011 to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, subject to the conditions laid down under Section 438 (2) of the Cr.P.C. and subject to further conditions that:- (a) One of the bailors must be a government servant or close family member or relation of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature of cases in future, then in that cases the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. (c) The petitioner shall make regular pairvi in the court 3 below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. Devendra/- (Birendra Prasad Verma, J)