IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3689 of 2009 SURAJ KUMAR @ SANTOSH KUMAR Versus THE STATE OF BIHAR ----------- 2 8.5.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner is apprehending arrest in Warisaliganj P.S. 21 of 2008 under section 7 of the E.C. Act lodged at the instance of Block Supply Officer, Kawakol in the district of Nawadah. Allegation is that when the raiding party reached near the house of one Biru Sao a truck was found standing there and its rear portion was open and in search of the house 57.50 quintal of wheat kept in 115 bags, 7 quintal 50 kg of rice kept in 19 bags bearing FCI mark were found on the verandah of the house. Biru Sao informed the authority that the same belong to one Santosh Kumar i.e. the petitioner. Since he could not show any document in support of the food grains which was found in his house a case has been instituted not against this petitioner but against Biru Sah. Learned counsel for the petitioner submits that the petitioner has been made accused on the basis of the statement made by co-accused and that co-accused has been enlarged on regular bail by the High Court and no case is made out against the present petitioner. Be that as it may, looking at the nature of the - 2 - allegation and the offence, let the petitioner, namely, Suraj Kumar @ Santosh Kumar in the event of arrest or surrender before the court below concerned within four weeks, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rs. twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawadah in connection with Warisaliganj P.S. Case No. 21 of 2008, subject to the condition as laid down under section 438(2) of the Cr.P.C. RPS (Ajay Kumar Tripathi,J.)