IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36015 of 2009 Rajendra Rai, S/o Late Ram Pragash Rai, Resident of Vill- Basadhiya, P.S- Dalsingsarai, Distt- Samastipur. --------- Petitioner Versus The State of Bihar ---------- Opp. Party ----------- 3 4.12.2009 Heard learned counsel for the petitioner and counsel for the State. The petitioner’s implication in this case pertaining to an allegation of dealing clandestinely in diesel gets surfaced from his own conduct by taking the police party to a place of storage where 1200 liters of diesel were recovered. In this background, the plea of the counsel of the petitioner that only six empty drums were found in front of the line hotel of the petitioner would actually loose its real intent, inasmuch as, the petitioner’s complicity in the offence in question remains writ large on the face of record. Considering this aspect, learned counsel for the petitioner was asked to take instruction as to whether the petitioner was prepared to deposit the cost of 1200 liters of diesel by way of security and today, learned counsel of the petitioner has conveyed to this 2 Court that the petitioner would deposit a sum of Rs. 50,000/- which may remain subject to the result of the trial. Considering the aforementioned aspects of the matter, this Court would direct for release of the petitioner on bail on payment of Rs. 50,000/- by way of a bank draft. The said amount shall be kept by the court below in a fixed deposit in any nationalized bank or in the post office and if the prosecution against the petitioner would fail by way of his clean acquittal, the amount of Rs. 50,000/- along with its interest will be return back to the petitioner. On the other hand, if the petitioner is not given a clean acquittal in the trial, the said amount along with interest shall be confiscated and deposited in the State Treasury. Subject to the fulfillment of the aforementioned condition, the petitioner, namely, Rajendra Rai is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Dalsingsarai in connection with 3 Dalsingsarai P.S. Case No. 199 of 2009, out of which one of the bailors shall be close family relative of the petitioner. It is also made clear that if henceforth, the petitioner is found to have indulged in any similar type of offence his present bail shall also stand cancelled. Rsh (Mihir Kumar Jha, J.)