IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26376 of 2011 Mithilesh Tiwary, son of late Mundrika Tiwary, resident of village – Binduwa, P.S. – Imamganj, District – Gaya. ------- Petitioner. Versus The State of Bihar ------Opposite Party ******** 03. 08.11.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Imamganj P.S. Case No. 49/2010, for offences under Sections 7 of Essential Commodities Act under Section 414 of the Indian Penal Code, is solitary named accused in this case being PDS Dealer with allegation of having wheat, rice and K.Oil without any authority. Submission is that earlier vide Annexure – 2 Imamganj P.S. Case No. 20/2010 was instituted on 22.04.2010 against the petitioner, wherein some article was seized and left with him for which vide Annexure – 4 he has already requested the authorities to issue guidelines, but instead of doing so another case has been instituted against the petitioner. Learned Additional Public Prosecutor who is armed with carbon copy of the case diary of both the cases i.e. Imamganj P.S. Case No. 49/2010 and Imamganj P.S. Case No. 20/2010 could not refute such submissions. Considering the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sherghati (Gaya), in connection with Imamganj P.S. Case No. 49/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, 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.)