IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29625 of 2010 SUDHIR PRASAD SINGH, SON OF SHRI HARIBANSH NARAYAN SINGH, RESIDENT OF VILLAGE- MEGHAUL, P.S. KHODABANDPUR IN THE DISTRICT OF BEGUSARAI --- PETITIONER. Versus STATE OF BIHAR —OPP. PARTY. ----------- 3/ 26-03-2011 Heard the parties. The petitioner apprehends his arrest in a criminal prosecution registered under sections 285 and 414 of the Indian Penal Code as also under section 7 of the E. C. Act. According to the prosecution case, in several drums/utensils about 530 liters of diesel and 10 liters of petrol were found kept at the ‘darwaja’ of the petitioner. It is submitted that the petitioner is an agriculturist and he is owner of two bolero jeeps. Therefore, it was not unusual to keep certain quantities of diesel as also ten liters of petrol. However, some quantities of diesel were belonging to some other farmers, who had kept there at the house of the petitioner and subsequently they have filed a petition in the court below claiming the ownership of the diesel kept in different drums, which are subject matter of the present criminal prosecution. It is also submitted that the petitioner is a man of clean antecedent and there is no criminal history against him. 2 Be that as it may, in the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub- Divisional Judicial Magistrate, Begusarai in connection with Khodabandpur P.S. Case No. 69 of 2010, subject to 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 government servant or close family members 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 case 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 and 3 (C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. (Birendra Prasad Verma, J.)