IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45182 of 2010 Santosh Kumar Singh @ Santosh Singh, Son of Sunder Singh, R/o Village Barap, P.S. Agiaon (Garhani), District Bhojpur at Ara. -------Petitioner Versus The State Of Bihar -----Opposite Party ---------------- 04/- 19/12/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 114 dated 16/03/2011. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 47(A) of the Excise Act, is one of the named accused in this case on recovery of unauthorized spirit in an orchard said to have been belonging to the petitioner. Submission is that no such orchard belongs to the petitioner. Moreover from perusal of paragraph – 06 of the case diary it appears that during place of occurrence inspection, it is mentioned that recovery was made from a field belonging to the petitioner without any specific details and petitioner has no concern with such land. Further, petitioner also has no criminal antecedent. If, it is so, 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 Chief Judicial Magistrate, Ara at Bhojpur, in connection with Agiaon (Garhani) P.S. Case No. 67 of 2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and 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.)