IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40269 of 2008 LALIT SAO ….. PETITIONER Versus THE STATE OF BIHAR ….. OPP. PARTY For the petitioner : - Sri Ajay Kumar Sinha, Advocate For the O.P. : - Sri D. Mehta, APP ----------- 2. 21.10.2008 Heard Sri Ajay Kumar Sinha, Advocate for the petitioner and Sri D. Mehta, Additional Public Prosecutor for the State. The recovery is of 60 litres distilled from Mahuwa and also of about one thousand kgs. of Mahuwa as raw material. The contention is that it is the first offence of the petitioner and the petitioner is in custody for last four months and that he undertakes not to indulge in the offence further. Regard being had to the facts of the case and the contention, let petitioner Lalit Sao be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Kameshwar Prasad Choubey, Judicial Magistrate, Ist Class, Sherghati in connection with Excise Case No. 96 of 2007/ Tr. No. 1665 of 2006, subject to the condition that if the petitioner is found indulging in the offence of the present - 2 - nature, the court below could assume that this order has not been passed by this court and take steps for remanding the petitioner to custody. DKS/ (Dharnidhar Jha, J)