IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3364 of 2010 SANJAY KUMAR SINGH @ SANJAY SINGH,son of late Magan Bahadur Singh. Versus STATE OF BIHAR ----------- For the Petitioner: Mr.V.S.Upadhayay, Advocate For the State : Mr.D.Mehta,Addl.P.P. ---------- 03/ 09-04-2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner apprehends his arrest in connection with Complaint Case No.955(M)2002 in which cognizance has been taken under Section 85(a)(e) of the Employees’ State Insurance Act. According to prosecution case, petitioner is the proprietor of a Petrol Pump and he was required to deposit the employer’s and employees’ contribution in the Employees’ State Insurance Corporation for the period from 01-10-1996 to 31-01- 2001. It is stated by the learned counsel for the petitioner that subsequently petitioner had deposited the entire amount of Rs.95,065/-through a cheque and he further undertakes that in future he (petitioner) shall be depositing the required contribution regularly. In that view of the matter, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) 2 with two sureties of the like amount each to the satisfaction of Sri Kanhaiya Ram, Judicial Magistrate, Ist Class, Patna, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure, and subject to further condition that: (a) petitioner shall remain making payment of the employer’s and employees’ contribution regularly unless and until it is held by some competent authority that he is not liable to deposit such amount. Non-compliance of the aforesaid order shall be construed misuse of privilege of anticipatory bail granted to the petitioner and the court below shall be at liberty to cancel his bail bond. AH/ ( Birendra Prasad Verma, J.)