IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38381 of 2009 ASLAM ANSARI Versus STATE OF BIHAR ----------- 3 31.3.2010 Heard Mr. Ashutosh Ranjan Pandey, learned counsel appearing for the petitioner and Mr. Satyendra Prasad learned A.P.P. for the State. Petitioner apprehends his arrest in connection with Nokha (Dharampur ) P.S. case No. 82 of 2008, dated 10.7.2008, registered under section 7 of the E.C. Act. According to the prosecution case, 180 litres of blue K. Oil was apprehend by the villagers, which was being carried by one Dinesh Kumar to the house of one Pramod Singh and aforesaid Dinesh Kumar is said to have disclosed the name of the petitioner as a person who had instructed to carry K. Oil to the house of Pramod Singh. Learned counsel for the petitioner submits that the F.I.R. has been lodged at the instance of one Punam Devi, local Sarpanch and no irregularity was found regarding distribution of K.Oil for the month of June, 2008. He also claims that he had not lifted the quota for the month of July 2008. Therefore, entire prosecution allegation against the petitioner, as per his submission, is not tenable. He also submits that the petitioner has falsely been implicated in this case because of local politics at the behest of local Sarpanch. Be that as it may, let the above named petitioner in the event of his arrest or surrender in the court below within four weeks from today , 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 C.J.M, Rohtas in - 2 - connection with the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. and subject to further conditions: (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. (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. (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 bond of the petitioner. (Birendra Prasad Verma, J) M.Rahman