IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16382 of 2010 1. MD. RIZWAN SON OF MD. NOOR 2. MD. BHOLU SON OF MD. GUDDU Versus STATE OF BIHAR ----------- 2. 10.5.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 47A of the Excise Act. Considering that the petitioners are the driver and khalasi of the truck from where the illicit liquor was recovered, but they do not claim ownership of the same, let the petitioners above named, who are in custody since 4.4.2010, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in case No.54C3 of 2010, subject to the conditions (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not accused in any other case of similar nature and if they are they shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter - 2 - the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (iv) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )