IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.14406 of 2010 MADAN MOHAN PANDEY, son of late Indradeo Pandey Versus THE STATE OF BIHAR ----------- 2/ 13.05.2010 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offence under Section 7 of the Essential Commodities Act and Section 414 of the Indian Penal Code. Allegation is that a truck loaded with fertilizer bags was seized. The prosecution case is that the truck has been taken to the premises of the petitioner instead of it being taken to the premises of one Wakil Ji. Learned counsel submits that in fact the fertilizer was meant for his shop. He further submits that there is nothing on record to show that the same was being taken for being sold in black market. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within six weeks from today before the court below in connection with Dehri P.S. Case No. 559 of 2009, above named petitioner shall be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sasaram, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, with the condition - 2 - that one of the sureties would be in cash form. Furthermore, petitioner will not physically absent for two consecutive dates at stretch till four witnesses are examined in trial, otherwise his bail bond would be cancelled. Uday/ (Samarendra Pratap Singh, J.)