IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37764 of 2009 SURESH SINGH S/O LATE RAM RATAN MAHATO R/O VILL. KHANETA, P.S. BELAGANJ, DISTRICT GAYA …….. Petitioner Versus THE STATE OF BIHAR ………. Opp.Party ----------- 3. 04/12/2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under section 353 of the Indian Penal Code, section 47(A) of Excise Act and sections 42,43,54 of Prisoner’s Act, 1894. Petitioner happens to be Homeguard against whom allegation is that he was carrying some liquor pouch and some articles inside the jail. His belongings were detected and he was taken into custody. Petitioner has remained in jail since 28.8.2009. It is said that there is no allegation against him from before of similar nature. Considering the above facts and circumstances, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in Rampur P.S.Case No.133 of 2009 with conditions as laid down in Sub-Section (3) of - 2 - Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. It is made clear that this order will not prejudice the authorities in taking disciplinary action against petitioner for the offence committed and putting him out of service. Pradeep/ (J. N. Singh, J.)