IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17451 of 2010 1. RAM BINAY RAI, S/o Shobhit Rai. 2. Sukhari Sah, S/o Sidheshwar Sah. Versus THE STATE OF BIHAR ----------- 02. 19.05.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 47A of the Excise Act. Considering that petitioner No. 1, Ram Binay Rai has antecedent of similar nature of offence, I am not inclined to grant bail to the petitioner No. 1 at this stage. The prayer for bail is rejected. With regard to petitioner No. 2, he is the first offender and in custody since 29.03.2010, let the petitioner No. 2, Sukhari Sah be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Excise Case No. 06 of 2010 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also 2 undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)