IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38543 of 2009 SHANKAR CHOUDHARY, son of Late Manik Chand Choudhary, resident of village- Tilauthu, P. S. Tilauthu, District- Rohtas…. Petitioner. Versus THE STATE OF BIHAR . ----------- 2. 12.11.2009. Heard counsel for the petitioner and counsel for the State. The petitioner is facing prosecution for offence under Section 47 A of the Excise Act alleging recovery of 80 litres of country made Mahua wine, 150 K.G. fermented Mahua as well as 50 K.G. Jawa Mahua flour from conscious possession of the petitioner. Learned counsel for the petitioner would submit that the petitioner has got no criminal antecedent and in fact he is the first offender even for offence under the Excise Act. He would further submit that so far possession of Mahua is concerned, that by itself cannot mean that the petitioner deals in illicit liquor. Considering the fact that the petitioner is the first offender and has got no criminal antecedent, this court would direct for release of the petitioner namely Shankar Choudhary on bail after completing three months of his judicial custody i.e. on or after 14th January 2010 on 2 his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Rohtas at Sasaram in connection with Excise Case no. 26 of 2009, with a condition that one of bailors of the petitioner must be either of his parents or his wife. This court would also make it clear that if the petitioner is now found to be again indulging in similar nature of offence under Excise Act, his present bail shall stand automatically cancelled. Kanchan (Mihir Kumar Jha, J.)