IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44952 of 2010 Umesh Mahto, son of Janki Prasad, Resident of Village Mirzapur, P.S. Pakribarawan, District Nawada. --------- Petitioner Versus The State of Bihar ------ Opp. Party ----------- 2 26.03.2011 Heard learned counsel for the petitioner and counsel for the State. Considering the fact that other accused persons, namely, Bishundeo Yadav and Rohit Kumar @ Anuj Mahto have been granted anticipatory bail by a common order dated 10.3.2011 for a limited period i.e. till the receipt of the chemical report as with regard to the nature of alleged spurious country made wine, this Court would also direct the petitioner to be released on bail for the period till such chemical report is received. In other words, on receipt of the chemical report, the petitioner will voluntarily surrender and if it is found that the alleged country made wine was not spurious, his bail will be confirmed or else he will be taken into custody. That being so, the petitioner, namely, Umesh Mahto is directed to be released on bail in the event he surrenders 2 within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Dhamaul (Pakribarawan) P.S. Case No. 106 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to the following conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and his absence even for a single day would automatically entail the consequences of cancellation of his bail. (iii) The petitioner in case is now made accused in any other criminal case, that would itself lead to cancellation of his bail. Subject to the aforementioned conditions, the prayer for anticipatory bail of the petitioner is allowed. Rsh (Mihir Kumar Jha, J.)