IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41110 of 2009 Ram Mandal, Son of Naresh Mandal, Resident of Village Mamlakha, P.S. Sabour, Distt. Bhagalpur. --------- Petitioner Versus The State of Bihar ------- Opp. Party ----------- 2 1.12.2009 Heard learned counsel for the petitioner and counsel for the State. The petitioner faces prosecution for an offence under Sections 47(A) of the Excise Act as also Section 25(1-b)a/26 of the Arms Act. It is said that the petitioner’s shop of Chay/Nasta was found to be in a suspicious circumstance and though the petitioner ran away from his shop on seeing the informant, a police officer, the police party on search recovered some country made liquor in twelve pouches and an unlicensed country made pistol as also one live cartridge and four empty cartridges from the Chullah around the aforesaid shop of the petitioner. Mr. Ranjan Kumar Jha, learned counsel for the petitioner would submit that not only the petitioner has got a clean antecedent but also there is no recovery from his conscious possession. Considering the fact that the petitioner is a first offender under the Excise Act and 2 that in fact has even otherwise no criminal antecedent, this Court would direct the petitioner, namely, Ram Mandal to be released on bail upon completing six months of judicial custody i.e. on or after 12th of December, 2009 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Sabour P.S. Case No. 103 of 2009, subject to the condition that one of the bailors must be either of the parents or the wife of the petitioner. It is, however, made clear that the petitioner must remain present in course of trial and his absence for two consecutive dates would make him liable for cancellation of his bail. It is also made clear that henceforth the repetition of such similar offence by the petitioner would also lead to cancellation of his present bail. Let a copy of this order be communicated to the court below by FAX on the cost being deposited by the counsel for the petitioner. Rsh (Mihir Kumar Jha, J.)