IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9205 of 2010 PAWAN KUMAR BURNWAL Versus STATE OF BIHAR ----------- 2 16.3.2010 Heard Mr. N.K. Agrawal, learned senior counsel for the petitioner and Miss Shahin Parveen, learned A.P.P. for the State. Petitioner is an accused in a case instituted under sections 420, 468 and 120 B of the Indian Penal Code and some other bailable offences as also under section 7 E.C. Act. Learned counsel for the petitioner submits that petitioner is not named in the first information report. The allegation of dealing in business of adulterated edible items and Ghee etc. is only against the first information report named accused persons. Petitioner has been implicated in the present case mainly on the ground that he happens to be the brother of co-accused Sanjiv Kumar Barnwal. It is also stated that petitioner is in judicial custody since 19.10.2009. Learned counsel for the State has opposed the prayer for bail. Be that as it may, in the facts and circumstances of the case the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of S.D.J.M, Jamui in Jamui P.S. case no. 312 of 2009, subject to the conditions that (a) that one of the bailors must be Govt. servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner and (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 - 2 - 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. (Birendra Prasad Verma,J) M.Rahman