IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32746 of 2011 1. Tribhuwan Prasad 2. Jawala Prasad 3. Mithilesh Prasad All sons of Rajendra Prasad, all resident of village – Malahi, P.S. – Malahi, Distt. – East Champaran. ---------- Petitioner. Versus The State Of Bihar -------- Opposite Party ********* 04. 16.11.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, apprehending their arrest in connection with Paharpur (Malahi) P.S. Case No. 101/2009 for the offences under Sections 7 of the E.C. Act. Earlier vide order dated 13.10.2011, this application was dismissed as withdrawn with regard to petitioner no. 2 namely, Jawala Prasad. So far as remaining two petitioners are concerned, they are named accused in this case of recovery of Kerosene Oil lying abandoned in the vehicle, but only on suspicion. Submission is that there is no material to connect the petitioners with the aforesaid article and case has been instituted at the instance of local Mukhiya. Learned Additional Public Prosecutor who is armed with carbon copy of the case diary could not refute such submissions. Considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the above-named petitioner nos. 1 and 3, be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari, in connection with Paharpur (Malahi) P.S. Case No. 101/2009, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for one year or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)