IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39824 of 2009 NARESH CHAUDHARY, son of Karu Chaudhary, resident of village Suraiya, P.S. Muffasil, District Gaya Versus THE STATE OF BIHAR ----------- 2. 19.11.2009 Heard counsel for the petitioner and the counsel for the State. Considering the fact that the petitioner is an accused for offence u/s 47A of the Excise Act from whom 50 litres of illicit liquor has been recovered, this Court would not be inclined to grant bail to the petitioner till he would complete at least three months of his judicial custody. Counsel for the petitioner, however, submits that the petitioner is the first offender and has no criminal antecedent. Taking the aforementioned aspects into consideration, this Court would direct for release of the abovenamed petitioner on bail on or after 2nd December, 2009 with a condition that if now he is found again to be involved in any similar offence his present bail shall also stand cancelled. That being so, the abovenamed petitioner is directed to be released on 2 bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Muffasil P.S.Case No. 159/2009, one of which must be furnished by close family member preferably the wife or the son of the petitioner. It goes without saying that the petitioner shall also remain present in course of trial and his absence on two consecutive dates will make him liable for cancellation of his bail. (Mihir Kumar Jha,J.) Surendra/