IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10338 of 2010 BIR BAHADUR RAM @ BIR BAHADUR RAY, S/o Deo Kumar Rai. Versus THE STATE OF BIHAR ----------- 02. 01.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 272, 273 and 430/34 of the Indian Penal Code and Section 47A of the Excise Act. Taking into consideration the fact that the petitioner is merely a driver of the van wherein the illicit liquor was loaded and the petitioner has no criminal antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 19 of 2010 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. (ii) That the affidavit shall clearly state - 2 - that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. Vikash/- (Anjana Prakash, J.)