IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28839 of 2011 Ram Tapshya Pandey, Son of Late Ram Chandra Pandey, resident of Village Kashimpur, P.S. Kuttumba, District Aurangabad (Bihar). ---------- Petitioner Versus The State Of Bihar -------- Opposite Party ---------------- For the Petitioner :- Mrs. Leelawati Kumari, Adv. For the State :- Mrs. Sharda Kumari, A.P.P. ------------- 02/- 19.09.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under Section 47 (A) of the Excise Act, is solitary named accused in this case with allegation of recovery of five liters of country made wine from his shop. Submission is that he is owner of a grocery shop and no recovery was made. Moreover, search and seizure is said to have been made on 21.01.2011, but prosecution report prepared on 31.01.2011 and produced without any explanation to the court concerned on 14.02.2011. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad (Bihar), in connection with Excise Case No. 19 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for one year or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)