IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33788 of 2009 NAND KUMAR SINGH, Son of Sri Bhagwan Singh, Resident of Village-Asani, P.S.-Udwant Nagar, District-Bhojpur. Versus THE STATE OF BIHAR ----------- 02. 08.10.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 47(A) of the Excise Act. Taking into consideration the fact that the petitioner is the first offender as also the fact that the witnesses themselves had divulged that the petitioner has nothing to do with the alleged recovery of 3800 pouch of country-made liquor, let the petitioner above named who is in custody since 02.08.2009 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, Ara in connection with Udwantnagar P.S. Case No. 152 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give - 2 - an affidavit giving genealogy as to how he is related with the petitioner. (ii) 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.)