IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38856 of 2011 Bhuvanesh Prasad, Son of Late Ganesh Lal Sah, R/o Village Gairki, P.S. & District Araria -------Petitioner Versus The State Of Bihar -----Opposite Party ------------------ 03/- 07/12/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Section 414 of the Indian Penal Code, is solitary named accused in this case being a PDS dealer with allegation of sending wheat for sale in open market on the tractor-troller. Submission is that admittedly, petitioner was not present and was under treatment at Delhi. Moreover, there appears nothing specific irregularities or illegality as regard to wheat and whatever wrong on examination of register etc. was found that is as regard to rice in small quantity. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria, in connection with Bairgacchi (Araria) P.S. Case No. 432 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)