IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35714 of 2009 KRISHNA KUMAR CHOUDHARY Son of Shivjee Choudhary resident of village Madudabad P.S. Mohuddi Nagar, District Samastipur. Versus STATE OF BIHAR ----------- 3 16/11/2009 Heard counsel for the petitioner as also counsel for State. The petitioner is said to be main accused for the offence under sections 414, 272, 273 and 120 B of the Indian Penal Code as also under section 47 A of the Excise Act. Mr. Chitranjan Sinha, learned Senior counsel appearing on behalf of the petitioner would submit that the premises from which recovery of liquor was made was the declared business premises of the licensee Abnikant Choudhary, who was only the tenant of the petitioner. He would further press for grant of bail to the petitioner on the ground that the petitioner, in fact, is first offender for the offence under section 47 of the Excise Act, inasmuch as, two cases including the present one under section 47 A of the Excise Act were lodged against him in the same transaction, one relating to recovery from his house and other on a Thela. He would, also submit that as this Court has granted bail to the petitioner in the connected case, i.e, Mohuddinagar P.S. Case No.86 of 2009, the petitioner deserves to be enlarged on bail in this case also. This Court had called for not only the case diary but a report from the Excise Superintendent, Samastipur as also report of the criminal antecedent of the petitioner from the Superintendent of 2 Police and from their perusal it is found that the plea of first offender of the petitioner for the offence under section 47 A of the Excise Act is correct, inasmuch as, both the cases have been lodged against the petitioner on the same day 26.7.2009. It is true that the petitioner is also accused in three other criminal cases, but none of them are under Excise Act. The report of the Excise Superintendent also confirms that Abnikant Choudhary was a licensee who had declared the portion of house of the petitioner taken on rent as his business premises in his license valid on the date of seizure. Considering all these aspect of the matter, this Court would direct for release of the petitioner on bail on completion of three months of his judicial custody subject to the following conditions:- (I)The petitioner shall be released on bail only on or after 28.11.2009; (II)One of the bailer of the petitioner would be either his son or his wife; (III)The petitioner will give an undertaking in writing in the court below at the time of his being released on bail that neither he deals in any business of liquor nor he would do so at least till pendency of the case in question. (IV) A copy of the said written undertaking will be sent to the Excise Superintendent, Samastipur and if the Excise Superintendent at any point of time with cogent materials would file a report before the trial court with regard to the petitioner found to be 3 dealing in liquor in any manner, his present bail would be liable to be cancelled. (V)The petitioner shall remain present in course of trial and his absence on two consecutive dates would make him liable for cancellation of his bail. Subject to the aforementioned conditions, the petitioner, namely, Krishna kumar Choudhary is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur in Mohuddinagar P.S. Case No.85 of 2009. (Mihir Kumar Jha, J.) Abhay Kumar