IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10071 of 2009 Lal Babu Rai, S/o Sudarshan Rai, Resident of village Laddu Tola, P.S. Dariyapur, District Saran Versus STATE OF BIHAR ----------- 02/ 13.8.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 47A of the Excise Act and Sections 272, 273, 414 and 120B of the Indian Penal Code. It is submitted on behalf of the petitioner that he has been implicated in the First Information Report itself on the basis of the statement of the driver of the vehicle wherefrom 600 litres of country made Spirit was recovered without any pass or permit. It is further submitted that the driver of the vehicle is inimical to the petitioner and has falsely implicated him. In support of his submission, learned counsel submits that besides the present case he is not accused in any other case, which fact be verified by the court below, provided petitioner above named surrenders in the court below within four weeks from the date of receipt of this order in the court below and if it is true that besides the present case he is not accused in any other case, then he be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Chapra in connection with Parsa P.S. Case No. 75 of 2008, subject to the conditions as laid down under Section 438(2) Cr.P.C. Until such verification no coercive steps be taken against the petitioner. It is, - 2 - however, made clear that if antecedents of the petitioner is not clean, this order should not be given effect to. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Arjun/ (V.N. Sinha, J.)