IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4434 of 2009 MUKESH KUMAR SULTANIA @ MUKESH SULTANIA Versus STATE OF BIHAR ----------- 2. 8.5.2009 Heard Mr. N.K.Agrawal, Senior Counsel for the petitioner and Counsel for the State. The fact that the sole accused Rahul Kumar Sultaniya, the son of the petitioner, has already been granted anticipatory bail by this Court by order dated 16.12.2008 passed in Cr.Misc.No.49130 of 2008, would definitely entitle the petitioner to urge for grant of anticipatory bail specially when he was not even named in the first information report, even when 950 liters of Kerosene oil was seized from the premises belonging to the petitioner. That being so, this Court would direct release of the petitioner, namely, Mukesh Kumar Sultania alias Mukesh Sultania on bail in the event of his surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawadah in connection with Warsaliganj P.S.case No.78 of 2008 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Such bail shall however be granted only if the petitioner would file a specific undertaking in writing before the court below that henceforth in his shop in question he would confine his business of cold drinks only and he will not either himself carry business of kerosene oil or allow any one else to do so. The court below will forward a copy of the said undertaking to the informant, Block Supply Inspector, Warsaliganj and in case it is reported that the petitioner has caused breach of his aforesaid undertaking, his such bail would automatically stand cancelled. Narendra/ ( Mihir Kumar Jha, J. )