IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27719 of 2011 1. Ram Sewak Mistry, son of late Keshar Mistry 2. Birendra Mistry @ Birendra Kumar, son of late Keshar Mistry Both resident of village – Barka Pankara, P.S. – Dumariya, Distt. – Gaya. --------- Petitioners. Versus The State of Bihar ----Opposite Party ****** For the petitioners : Mr. Kumar Dhirendra Pratap Singh, Adv. For the State : Mr. Sanjay Kumar Singh, APP ****** 03. 18.10.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, apprehending their arrest in connection with Dumariya P.S. Case No. 19/2011 for offences under Sections 272/273 of the Indian Penal Code and under Section 47(A) of the Excise Act, are named accused in this case with allegation of manufacturing Mahua wine over the parti land belonging to them. Submission is that nothing was being done over the land of the petitioners which is adjacent south of place of occurrence as is evident from paragraph six of the case diary. It is further submitted that no other specific details of the place of occurrence is evident from entire investigation. Learned Additional Public Prosecutor who is armed with carbon copy of the case diary failed to refute such submissions. Considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the above-named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Sherghati, Gaya, in connection with Dumariya P.S. Case No. 19/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)