IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34273 of 2011 ====================================================== Vijay Sao son of Kishori Sao, resident of village- Rasanpur, P.S. Warisaliganj, District- Nawada. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar, Adv. For the Opposite Party/s : Mr. Yogendra Kumar, A.P.p. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 12-10-2011 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State of Bihar. The petitioner apprehends his arrest in a criminal prosecution registered under section 47(a) of The Bihar Excise Act, 1915. It is submitted by the learned counsel for the petitioner that the alleged recovery has not been made from the conscious and exclusive possession of the petitioner; rather recovery has been made from a plot of the land which does not belong to the petitioner. It is also submitted that the petitioner is a man of absolutely fair antecedent and there is no criminal history against him. Patna High Court Cr.Misc. No.34273 of 2011 (2) dt.12-10-2011 2 In the facts and circumstances of the case, in the event of his arrest or surrender in the court below within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10, 000/- with two sureties of the like amount each to the satisfaction of Sri A.A. Sahay, Judicial Magistrate, 1st Class, Nawada in connection with Excise Case No. 53 of 2010, subject to conditions laid down under section 438(2) of the Cr. P.C. and subject to the further conditions that: (A) one of the bailors must be government servant or close family members 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 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 (C) the petitioner shall make regular pairvi in the court below in the present case either by Patna High Court Cr.Misc. No.34273 of 2011 (2) dt.12-10-2011 3 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 bonds of the petitioner. BTiwary/- (Birendra Prasad Verma, J)