IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12797 of 2009 RAKESH KUMAR, SON OF SRI DILIP KR. ROY, RESIDENT OF VILLAGE-RAMPUR DAYAL, P.S.- PIAR, DISTT.-MUZAFFARPUR. Versus THE STATE OF BIHAR ----------- With Cr.Misc. No.18760 of 2009 RADHA KRISHNA SINGH S/O LATE BHAVIKSHAN SINGH, RESIDENT OF VILLAGE- MURADPUR, P.S.- AHIYAPUR, DISTT.-MUZAFFARPUR. Versus THE STATE OF BIHAR ----------- 2. 25.8.2009. Petitioner Rakesh Kumar is the Fertilizer Dealer and Radha Krishna Singh is the owner of the truck on which the fertilizer sold by Rakesh Kumar was being transported but the driver failed to produce the cash memo showing sale of the fertilizer seized. It is submitted on behalf of the petitioner that having sold the fertilizer, he accepted the position that the fertilizer was sold by him to the various farmers who have filed petition in the court of Collector of the district for release of the fertilizer. The petitions are contained in Annexure-3 series. In the light of the request made in the petition, Annexure-3 whether the fertilizer has actually been released in favour of the purchasers is not - 2 - N.H./ known to the learned counsel for the petitioners. Let the petitioner surrender in the court below within four weeks from the date of receipt of a copy of this order and if the fertilizer has been released in favour of the purchasers, they (Rakesh Kumar and Radha Krishna Singh) be released on bail on furnishing bond of Rs.5,000/- (five thousand)each with two sureties of the like amount each to the satisfaction of S.D.J.M., Muzaffarpur East in Pear P.S. Case No.81 of 2008, subject to the condition as laid down under section 438(2) Cr.P.C. If the release matter is still pending, then no coercive step shall be taken against the petitioners, until such time, the released matter is finalized by the Collector but the court below shall request the Collector to consider the release matter at the earliest in any case within three months from the date of the order. ( V.N. Sinha,J.) - 3 -