IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3935 of 2010 SHEO PRASAD YADAV son of Late Mohan Yadav, r/o village Raffipur, P.S. Hussainganj,Dist. Siwan …..Petitioner. Versus STATE OF BIHAR ----------- 4 23.3.2010 A supplementary affidavit has been filed on behalf of the petitioner. Lt it be kept on record. Heard Mr. Gaurang Chatterjee, learned counsel appearing for the petitioner and Mr. Anil Kumar, learned A.P.P. for the State. Petitioner apprehends his arrest in connection with Hussainganj P.S. case No. 143 of 2009 registered for the offences under section 409 of the Indian Penal Code as also under section 7 of the Essential Commodities Act. It is submitted by learned counsel for the petitioner that it is true that he had lifted 151 Qtls. rice from the Bihar State Food Corporation Ltd, Siwan, but subsequently in presence of witnesses he handed over the said rice to the Mukhiya of the Gram Panchayat for safe custody and for subsequent distribution. It is also submitted that an inquiry was made by the B.D.O. and he submitted inquiry report vide annexure-3/3/A, doubting the conduct of Mukhiya. Unfortunately Mukhiya and Panchayat Secretary have not been made accused in the present case. Be that as it may, let the above named petitioner in the event of his arrest or surrender in the court below within four weeks from today , be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Siwan, in the above noted case subject to the conditions laid down under section 438(2) Cr.P.C. and further subject to the conditions that (a) that one of the bailors - 2 - must be Govt. servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner and (b) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and further (c) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Prasad Verma, J) M.Rahman