IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42294 of 2009 BHAGELU MUSHAHAR, son of Brij Mushahar resident of village Bhadawar, Police Station Chandi, District- Bhojpur….. petitioner. Versus STATE OF BIHAR . ----------- 2. 08.12.2009 Heard counsel for the petitioner and counsel for the State. The petitioner who faces prosecution for offence under Section 47 A of the Excise Act and from whose possession 125 litres of illicit liquor is said to have been recovered, has his defence that he is the poor labourer and has already suffered for his offence by remaining in jail for a period of over five months. Considering the specific stand of the petitioner as conveyed by his counsel that he is the first offender, this court would direct for release of the petitioner namely, Bhagelu Mushahar on bail on his furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Chandi P. S. Case No. 55 of 2009 but only after verification of his criminal antecedent. 2 It is made clear that the petitioner shall not be released on bail if the court below would find that the petitioner has got any criminal antecedent. It is further made clear that if now the petitioner is found to be indulging himself in similar nature of offence, not only his present bail shall stand cancelled but also he will have to remain in jail till the completion of the trial. Kanchan (Mihir Kumar Jha, J.)