Patna High Court Cr.Misc. No.28582 of 2011 (2) dt.26-08-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28582 of 2011 ====================================================== Salauddin Ansari @ Salauddin Ahmad, son of Kamal Ahmad, resident of village Dariyapur, Police Station Dariyapur, District Saran .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.28584 of 2011 ====================================================== 1. Kamal Ahmad, son of Abbas Mian 2. Jamaluddin ahmad @ Jamaluddin, son of Abbas Mian 3. Naushad Ahmad, son of Kamal Ahmad 4. Samshad Ahmad, son of Jamal Ahmad 5. Jamshed Ahmad @ Jamshed Alam, son of Jamal Ahmad 6. Mojahid Ahmad @ Mozahid Alam, son of Jamal Ahmad All resident of village Dariyapur, Police Station Dariyapur, District Saran .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER (Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN) 2 26-08-2011 Heard Counsel for the petitioners and the A.P.P. representing the State. The petitioners are apprehending their arrest in a case under Sections 406, 188, 120B & 201 of the Indian Penal Code. The allegations against the petitioners are that they were selling fertilizers and seeds which were sub-standard. The articles were seized and were kept in the godown under seal and lock and three persons were deputed to guard the Patna High Court Cr.Misc. No.28582 of 2011 (2) dt.26-08-2011 seized articles. Learned Counsel for the petitioners submits that the fault does not lie with the petitioners that the seal or lock has been broken and articles have been taken away, rather it would be the responsibility of the Officers concerned to ensure that the seized articles are kept at a safe place. It is submitted that it is not proper to keep the seized articles at the godown of the persons, who is said to be guilty of the offences. Considering the facts aforesaid, in the event of their arrest/surrender before the Court below within a period of six weeks from today, the above named petitioners are directed to be released on anticipatory bail in Dariyapur Police Station Case No. 197 of 2010 on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Chapra subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. Prabhakar Anand/- (Sheema Ali Khan, J)