IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.18544 of 2010
Pankaj Kumar Gupta, Son of Vijay Prasad Gupta, Resident of
Village Nayabazar, Lakhisarai, Mohalla Pachana Road, Ward No. 22,
P.S. Lakhisarai, District Lakhisarai.
------- Petitioner
Versus
The State of Bihar ----- Opp. Party
-----------
3 13.08.2010 Heard learned counsel for the
petitioner and counsel for the State.
Earlier the prayer for bail of the
petitioner was rejected by order dated
14.12.2009 in Cr. Misc. No. 35955 of 2009
with a condition that the petitioner would be
released on bail only if he has got no
criminal antecedent.
Counsel for the petitioner would
submit that since there was only one criminal
case against the petitioner under Section 7
of the Essential Commodities Act, the
petitioner could not be released on bail
despite an order in his favour.
The petitioner is in custody since
29.7.2009 and has thus completed one year of
judicial custody.
Considering this aspect as also
keeping in view the earlier order of this
Court dated 14.12.2009 in Cr. Misc. No. 35955
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of 2009, this Court would direct for release
of the petitioner, namely, Pankaj Kumar Gupta
on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of
Chief Judicial Magistrate, Lakhisarai in
connection with Lakhisarai P.S. Case No. 305
of 2009 (G.R. No. 668 of 2009), subject to
the following conditions:-
(i) The two bail bonds will be
furnished, one by the Government servant and
the other by a close family relative.
(ii) The petitioner will remain
present in course of trial on each and every
day and his absence even for a single day
would automatically entail the consequences
of cancellation of his bail.
(iii) The petitioner in case is now
made accused in any other criminal case
except one under Section 7 of the Essential
Commodities Act, as indicated above, that
would itself lead to cancellation of his
bail.
Subject to the aforementioned
conditions, the prayer for bail of the
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petitioner is allowed.
Rsh (Mihir Kumar Jha, J.)