IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25158 of 2010 KANHAIYA LAL SAH son of late Vishundev Sah, resident of Village Sadhuweli, P.S. kasba, Dist. Purnea ……Petitioner. Versus STATE OF BIHAR O.P. ----------- 2 05.08.2010 Heard the parties. In a criminal prosecution registered under section 47(a) of the Bihar Excise Act, petitioner is named in the FIR as an accused. According to the prosecution case altogether 130 liters of country made liquor kept in four plastic bags were recovered from the house of the petitioner. It is submitted that the alleged recovery of country made liquor was not from the conscious and exclusive possession of the petitioner and he has voluntarily surrendered in the court below on 30.4.2010. It is further submitted that the petitioner is a man of absolutely fair antecedent and there is no criminal history at all against him. In the aforesaid facts and circumstances, the above named petitioner shall 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, Purnea , in connection with Kasba P.S. Case No. 49 of 2010,(G.R.No. 927 of 2010) subject to the conditions: (a) That one of the bailors 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. (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 - 2 - 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. ( Birendra Prasad Verma, J. ) M.Rahman