IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25020 of 2009 TUNNI RAI, SON OF RAM BAHADUR RAI, R/O VILLAGE- TENUWAJ, P.S.-NATWAR, DISTRICT-ROHTAS. …………………PETITIONER. Versus THE STATE OF BIHAR ………………OPPOSITE PARTY. ----------- 2 14.09.2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 273 and 290 of the Indian Penal Code as well as Section 47(A) of the Excise Act. Learned counsel for the petitioner submits that Section 47 (A) of the Excise Act is not applicable in this case. At best Section 47 of the Excise Act will be attracted for which, as it is the first offence of the petitioner, punishment will be of three months imprisonment. Petitioner is in custody since 16.5.2009. It is said that he has no criminal antecedent. Considering the above facts and circumstances, this application is allowed. Petitioner, namely, Tunni Rai is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the - 2 - satisfaction of S.D.J.M., Bikramganj (Rohtas) in connection with Natwar P.S. Case No. 32 of 2009. Arvind/ (J. N. Singh, J.)