IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14183 of 2010 Mukesh Kumar, S/o Kashi Sao, Resident of Village- Kurtha, P.S. Kurtha, District-Arwal. ……..Petitioner. Versus The State of Bihar ………………………Opposite Party. ----------- 2. 23. 04. 2010. Heard Mr. Jay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Anuj Kumar Srivastava, learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Paliganj P.S. Case No. 25/2010 dated 08. 02. 2010, registered under Sections 420, 467 and 468 of the Indian Penal Code as also Section 47 (a) of the Bihar Excise Act, 1915. According to the prosecution case, one pick up van belonging to the petitioner was apprehended by the Police on suspicion. One co-accused Birendra Kumar Yadav, driver of the said vehicle and co-accused Shatrughan Kumar, cleaner (Khalasi) were arrested by the Police and on search 196 pouches of country made liquor were seized. On interrogation, the aforesaid arrested accused persons disclosed that aforesaid country made liquor belongs to one Munna Sao. It is submitted by the learned counsel for the petitioner that he is alleged to be merely owner of the said vehicle and admittedly he was not present there in the vehicle and he had absolutely no knowledge about carrying of the said country made liquor on the said vehicle. By referring to Annexure-3, it is 2 submitted that petitioner is dealer of iron rod and cement and there is no criminal history at all against him. In the aforesaid background, in the event of his arrest/surrender within a period of four weeks from today, the petitioner, namely, Mukesh Kumar, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Danapur, in connection with Paliganj P.S. Case 25/2010, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. and subject to further conditions; (a) that one of the bailors must be Government 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 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. m.p. ( Birendra Prasad Verma, J.)