IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38565 of 2009 KRISHNA CHOUDHARY, son of late Bigan Choudhary, resident of village-Tilauthu, P.S. Tilauthu, District-Rohtas. Versus THE STATE OF BIHAR ----------- 2 12/11/2009 Heard counsel for the petitioner and counsel for the State. The petitioner is an accused for the offence under section 47 (A) of the Excise Act and faces allegation of possessing 54 liters of illicit liquor prepared out of Mahua and also two bags of Mahua flower weighing 75 kilograms. Counsel for the petitioner would submit that the petitioner being a farmer produces mahua and therefore it cannot be said that he is dealing with the business of sale of illicit liquor as also the petitioner is first offender of Excise Act and has no criminal antecedent. Considering the aforementioned aspect, this Court, taking into account that the petitioner being in custody for a period of merely one month as on date, would direct for release of the petitioner, namely, Krishna Choudhary, on bail after completing three months of his judicial custody, i.e on or before 14th January, 2010 on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial 2 Magistrate, Rohtas at Sasaram in Excise Case No.25 of 2009, subject to the condition that one of the bailer of the petitioner must be his close family member. Abhay Kumar (Mihir Kumar Jha, J.)