IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36090 of 2009 RAMESH YADAV S/O SRI SINGHESHWAR YADAV VILL.- GAMHARIA, P.S.- SOUR BAZAR, DISTT.- SAHARSA Versus THE STATE OF BIHAR ----------- 2. 3.11.2009 Heard counsel for the petitioner and the counsel for the State. Taking into account that the allegation against the petitioner for committing offence u/s 47A of the Excise Act even if in the present case would make him the first offender, the very fact that he is remanded in this case from yet another case being Sour Bazar P.S.Case No. 234/2009 dated 11.8.2009, again u/s 47A of the Excise Act, as also recovery of 125 pouches of country made liquor from his conscious possession, this Court will have to hold that the petitioner is not entitled for grant of bail as the first offender. The petitioner is in custody since 21.8.2009 and therefore, he (Ramesh Yadav) would be released on bail after completing five months of his judicial custody i.e. on and after 21st of January, 2010, on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like 2 amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in Sour Bazar P.S.Case No. 295/2008, subject to the condition that one of the bailers will be either of the parents or his wife and that the petitioner if found to be made again accused in any offence u/s 47A of the Excise Act, his present bail can be cancelled on an application filed by the prosecution. (Mihir Kumar Jha,J.) Surendra/