IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35659 of 2009 PAPPU KUMAR @ SANJAY KUMAR S/O- RAJENDRA YADAV VILL- SAIBAT, P.S- NALANDA, DISTT- NALANDA …. Petitioner Versus THE STATE OF BIHAR ----------- 3. 04.11.2009 Heard counsel for the petitioner and counsel for the State. Taking into account that even if the petitioner is the first offender for offence under Section 47 A of the Excise Act as also other allied sections of I.P.C. and recovery from his vehicle (Bolero) was in the vicinity of 630 litres spirit kept in 88 jerkings, it cannot be said that the petitioner even though he was a driver was not aware of illegal work being done by him. It has come on record that the vehicle had no number plate nor even the papers relating to ownership of the vehicle was not found at the time of seizure. Apparently, the implication of the petitioner in the offence is much more than of being a simple driver. Taking into account the aforementioned aspects and the fact that the petitioner is in custody since 14/15-6-2009, this court would direct for release of the petitioner only after completion of six months of his 2 judicial custody i.e. on or after 15th December 2009 on a undertaking given by him that henceforth he shall not indulge himself in any such operation which may lead to his implication for an offence under Excise Act. In the event, it would be found that the petitioner has been made accused again in similar offence under the Excise Act, the bail of the petitioner under the present order shall automatically remain cancelled. Subject to the aforementioned conditions and the deponent of the affidavit to bail application being father of the petitioner furnishing bail bond, the petitioner namely Pappu Kumar @ Sanjay Kumar shall be released on bail on or after 15th December 2009 on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Nalanda at Biharsharif in connection with Deepnagar P. S. Case no. 126 of 2009. kanchan (Mihir Kumar Jha, J.)