IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13821 of 2010 MANTU CHAUDHARY Versus THE STATE OF BIHAR ----------- For the petitioner : Mrs. Salini Singh, Advocate. For the State : Mr. S.B. Verma,Advocate, A.P.P. -------- 2 17.5.2010 Heard the parties. In a criminal prosecution for offence under section 47 (a) of the Bihar Excise Act, about 35 liters of country made liquor detailed in FIR vide annexure-1 is alleged to have recovered from a hut where petitioner was not found present , but person present there stated before the police that hut in question belongs to the petitioner. Learned counsel for the petitioner submits that petitioner is a student of college and the hut in question does not belong to him. Be that as it may, in the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Patna in connection with Jakanpur P.S. Case no. 01/2010, subject to the conditions laid down under section 438(2) Cr.P.C. and subject to further conditions:- (a) That one of the bailors must be Govt. servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be - 2 - at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to disposed of the same in accordance with law after giving opportunity of hearing to all concerned. (c) That petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. ( Birendra Prasad Verma, J. ) M.Rahman