IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46136 of 2009 LAL BABU RAI SON OF SHRI SUDARSHAN RAI Versus STATE OF BIHAR ----------- 2. 12.1.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 272, 273, 414, 120B of the Indian Penal Code and 47 of the Excise Act. The first information report states that when co- accused Ajay Kumar Sah and Pappu Kumar were seen ferrying three drums of spirit, they disclosed that they had purchased the same from the petitioner, but subsequent to such disclosure there is no recovery from the house of the petitioner. In view of the above, let the petitioner above named, who is in custody since 19.11.2009, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Saran at Chapra in Parsa P.S.case No.75 of 2008, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse of bail and (iii) that the petitioner will be well represented on each date - 2 - and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )