IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39781 of 2009 Shyam Balak Manjhi, Son of Late Fekan Manjhi, Resident of Village Gandhar, P.S. Muffasil, Distt. Gaya. --------- Petitioner Versus The State of Bihar ------- Opp. Party ----------- 2 18.11.2009 Heard counsel for the petitioner and counsel for the State. The petitioner is an accused for an offence under Section 272/273 of the Indian Penal Code and Section 47(A) of the Excise Act on an allegation of there being recovery of 60 liters of Mahua liquor from his conscious possession. Counsel for the petitioner, however, would submit that the petitioner is the first offender under the Excise Act and in fact has got no criminal antecedent. Considering the aforementioned aspects of the matter, this Court would direct for release of the petitioner, namely, Shyam Balak Manjhi on bail on completion of his three months judicial custody i.e. on or after 29.11.2009 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 2 Chief Judicial Magistrate, Gaya in connection with Muffasil P.S. Case No. 155 of 2009, on a specific condition that one of the bailors must be either of the parents or wife of the petitioner as also if the petitioner henceforth is found to be made accused in any similar case, his present bail shall stand cancelled. It goes without saying that the petitioner, however, must remain present in course of trial and in case of absence even for two consecutive dates in course of such trial, his present bail shall also stand cancelled. Rsh (Mihir Kumar Jha, J.)