IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37106 of 2010 Baban Chaudhary son of late Jangali Pasi, resident of Mohalla Autar Bengali Ki Gali, Dumraon, P.S. Dumraon, District Buxar – Petitioner. Versus STATE OF BIHAR--- Opp. Party. ----------- 3/ 08-10-2010 Heard the parties. In a criminal prosecution registered under section 47(a)(f) of the Excise Act, about 56 liters of country made liquor and 35 liters of rectified spirit are said to have been seized from a house allegedly belonging to the petitioner. It is submitted that admittedly at the time of alleged raid the petitioner was not present there and the seizure was made in his absence. It is further submitted that even according to the prosecution case, it cannot be said that petitioner is the sole proprietor/owner of the seized articles. He is said to be in judicial custody since 03.09.2010. Taking into consideration the facts and circumstances of the case, the above named petitioner is directed to the enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri S.K.Singh, Judicial Magistrate, Ist Class, Buxar in connection with Case No. 01(0) 10/ 1436 Tr.10, subject to conditions that : A. One of the bailors must be a government 2 servant, B. Another bailor must be a close family member or close relative of the petitioner, who will an affidavit in the court below showing his/her relationship with the petitioner, C. if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and D. the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. BTiwary/ ( Birendra Prasad Verma, J.)