IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31508 of 2011 ====================================================== Nagendra Singh, son of Jitan Singh Yadav, resident of Vill. Dhawai, P.S. Dawath, Distt. Rohtas at Sasaram. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bikramdeo Singh, Advocate For the Opposite Party/s : Mrs. Pushpa Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 15-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under Sections 272 and 273 of the Indian Penal Code as also under Section 47 (a) of the Bihar Excise Act, 1915. Learned counsel for the petitioner submits that according to the prosecution case 175 liters of spirit, allegedly for the purpose of preparation of country liquor, was seized from the Pick- up Van. It is submitted that entire prosecution case is based on suspicion and surmises, as the recovery of spirit will not bring the case within the ambit of Section 47 (a) of the Excise Act. It is also submitted that Sections 272 and 273 of the Indian Penal Code Patna High Court Cr.Misc. No.31508 of 2011 (2) dt.15-10-2011 2 are bailable one. Learned Additional Public Prosecutor appearing for the State has opposed the prayer made on behalf of the petitioner for grant of anticipatory bail. Be that as it may, in the facts and circumstances of the case, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, the above named petitioner is directed to be released on bail in connection with Dawath P.S. Case No.50 of 2011 on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Bikramganj, Rohtas subject to the conditions laid down under Section 438 (2) of the Cr.P.C. and subject to further conditions that:- (a) that one of the bailors must be a government servant or close family member or relation 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 cases 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. Patna High Court Cr.Misc. No.31508 of 2011 (2) dt.15-10-2011 3 (c) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. Anjani /- (Birendra Prasad Verma, J)