IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34604 of 2009 1. MD.AZAD @ EJAJ ALAM@ MD.AHMAD SON OF MD. TAHIR, RESIDENT OF VILLAGE BALOUR, P.S. MANIGACHI, DISTRICT DARBHANGA 2. SOTI CHOUPAL @ SATYENDRA MANDAL @ SOTI MANDAL SON OF LATE RAM KHELAWAN CHOUPAL, VILLAGE MANIGACHI PURANI BAZAR, P.S. MANIGACHI, DISTRICT DARBHANGA 3. RAJ KUMAR RAM @ RAM KUMAR RAM SON OF PHUCHAN RAM, RESIDENT OF VILLAGE RAJE (WEST TOLE), P.S. MANIGACHI, DISTRICT DARBHANGA …. PETITIONERS Versus STATE OF BIHAR ----------- 2. 14.10.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 47(a) and (f) of the Bihar Excise Act. Taking into consideration the fact that the petitioners are first offenders and are in custody since 12.8.2009, let the petitioners above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Darbhanga in G.O.Excise case No.18 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are, they shall not be released on bail and (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below 2 will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. Narendra/ ( Anjana Prakash, J. )