IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18754 of 2010 BAIDYA NATH SINGH . Versus STATE OF BIHAR . ----------- 3 21.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Kaluahi P.S. Case No.23 of 2010 for offences punishable under Sections 47(A) of the Excise Act. Substance of allegation against the petitioner as set out in the F.I.R. is of being apprehended with illicit country liquor, more explicitly detailed in the seizure list. Learned counsel for the petitioner submits that he is working as a guard with one Shyam Kishore Singh, a licensee under the Excise Act and places reliance on document annexed at Annexure-2 series, in support of his submission. Learned counsel for the petitioner further submits that in any view, no case under Section 47(A) is made out against the petitioner who is an individual and not a company. Learned counsel submits that the antecedent of the petitioner is clean and he 2 has not been involved in any other criminal case. It is submitted that the petitioner is in custody since 12.4.2010. Having regard to the submissions aforesaid, let the petitioner namely, Baidya Nath Singh be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Kaluahi P.S. Case No. 23 of 2010 (G.R. No. 741 of 2010) subject to the following conditions:- (1) One of the close relative of the petitioner would stand as a bailor who shall indicate his relationship with the petitioner. (2) The petitioner would file an affidavit regarding clean antecedent before the Court below which should be verified from the Superintendent of Police, Madhubani and if the statement of the petitioner is not found to be correct he shall not be released. (3) The petitioner would accept the police papers without causing any delay and would be attending the Court below on each and every date fixed and failure on his part to 3 attend the Court on two consecutive dates without reasonable explanation to the satisfaction of the Court below would confer liberty to the Court concerned to initiate proceeding for cancellation of his bail bond and for taking him into custody. Bibhash ( Jyoti Saran, J.)