IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6783 of 2010 BUCHCHI SAH @ BUCHCHO SAH Versus STATE OF BIHAR ----------- 2 26.2.2010 Heard Mr. Prem Kumar Jha , learned counsel for the petitioner and Mr. Ansarul Haque, learned A.P.P. for the State. Petitioner is an accused in a case instituted under section 47A of the Excise Act 1950. It is submitted by learned counsel for the petitioner that there has been no recovery from conscious possession of the petitioner and whatever recovery of country made liquor has been made that has been recovered from a road and to buttress the submission has drawn attention of this court towards seizure list annexed as part of annexure-1 at page 11 of the brief. It is also submitted that petitioner is in jail custody since 4.11.2009. Learned counsel for the State submits that the petitioner is accused in some other criminal case also. However, learned counsel for the petitioner, in reply submits that petitioner is on bail in all other criminal cases in which petitioner was falsely implicated. Be that as it may, in the facts and circumstances of the case, let the above named petitioner, 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, Supaul in connection with Pipra P.S. case No. 170/09. However, it is made clear that if the petitioner is made accused in similar cases in future then it will be open for the State to file a petition for cancellation of the bail of the petitioner and if such a petition is filed, the learned court below shall consider the same and pass order in accordance with - 2 - law after giving opportunity of hearing to all concerned. (Birendra Prasad Verma, J) M.Rahman