IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32759 of 2011 Jai Prakash Gupta @ Paro Ji, son of late lakhan Lal, resident of village – Pachrukhi Kothi, Akbarpur, P.S. – Akbarpur, Distt. – Nawada. --------- Petitioner. Versus The State of Bihar -----Opposite Party ****** 02. 19.10.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Akbarpur P.S. Case No. 142/2011 for offences under Section 7 of the Essential Commodities Act, is one of the named accused in this case with allegation that opposite his shop the truck loaded with fertilizers was seized and no paper could be shown relating to such commodities. Submission is that though petitioner has license for fertilizers business recently obtained but neither the commodities seized was purchased for his shop nor he has any concerned with the same. Rather just due to business rivalry he has falsely been implicated. Considering the facts and circumstances of the case, in the event of filing an application before the court below regarding none claim of the commodities on affidavit and in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada, in connection with Akbarpur P.S. Case No. 142/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)