IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35773 of 2011 Surendra Ram, Son of Late Hari Ram, resident of village Akbarpur Hat Par, P.S. Akbarpur, in the District of Nawada. -------Petitioner Versus The State Of Bihar -----Opposite Party ------------ 02/- 25/10/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Section 47(a) of the Excise Act, is solitary named accused in this case with allegation of having 50 liters of country made wine recovered from his house. Submission is that seizure list prepared on 29.08.2010 contains that the recovered article was destroyed during the process, but in prosecution report, it is mentioned that article is kept in Malkhana. Further, the seizure list without any explanation was placed before the court below on 24.09.2010. Considering the circumstances noted above, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Nawada, in connection with Excise Case No. 68 of 2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for one year or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)