IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.23713 of 2009 AJAY PRASAD, son of Baleshwar Prasad Singh, Resident of village- Pakriya Bigha, P.S. Hilsa, District- Nalanda …Petitioner Versus STATE OF BIHAR …OP ----------- 3/ 27.08.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 467, 468, 469, 471, 272, 273, 420 of the Indian Penal Code and section 47-A of the Excise Act. Taking into consideration the fact that 360 liters illicit liquor was seized from a tempo and thereafter 240 liters illicit liquor was recovered from the house of the petitioner for which he has remained in custody since 3.4.2009, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Sri R. K. Prasad, Judicial Magistrate, Ist Class, Hilsa, Nalanda, in connection with Hilsa P.S. case no.139 of 2009 subject to the conditions (i) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner, and (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. It has been submitted that besides the present case the petitoner is accused in two other cases; one of which is also under the Excise act which fact will be verified by the Magistrate concerned and if it is not found to be correct, the petitioner will not be released on bail. JA/- (Anjana Prakash, J.)