IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12261 of 2010 UMESH KUMAR RAI,son of Sri Gupteshwar Rai,resident of village-Dakshin Tola, Dumraon,P.S.-Dumraon,District-Buxar. .. .. Petitioner Versus THE STATE OF BIHAR.. Opp.Party ----------- For the Petitioner :Ms. Nutan Sahay,Advocate For the State :Mr. A.L.Pandit,Addl.P.P. ------------ 02/ 06-05-2010 Heard the parties. In a criminal prosecution for the offence under Section 47(a) of the Bihar Excise Act, 1915, more than 400 litres of foreign liquor is said to have been seized from the house of the petitioner, which is evident from the search-cum-seizure list vide Annexure-4. It is submitted by the learned counsel for the petitioner that in fact petitioner had been issued valid retail licence for foreign liquor for the period from 09-04-2008 to 31st March, 2009. However, due to certain illness he could not deposit the requisite tax to the State Government, therefore, for some period his licence was suspended. When the search was made on 12-07-2008, the petitioner is not alleged to have been dealing with the foreign liquor. Only allegation is that the aforesaid quantity of liquor was found in his house. It is further submitted that in view of issuance of valid licence, the petitioner had purchased the aforesaid liquors and the aforesaid unsold quantity of liquors were kept in his house, which has been seized by the prosecution party. Taking into consideration the aforesaid facts and circumstances, in the event of arrest/surrender within a period of 2 four weeks from today in Complaint Case No.06 ( C ) of 2008, T.R.No.1289 of 2008, the above named petitioner shall 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 satisfaction of Sri B.Ram, Judicial Magistrate, Ist Class, Buxar, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure, and subject to further condition that one of the bailors must be a Government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. AH/ ( Birendra Prasad Verma, J.)