IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35175 of 2011 ====================================================== Ram Pukar Das S/o late Bhuneshwar Das @ Bhumeshwar Das R/o Village - Bagrouli, P.S. Bakhtiyarpur, District - Saharsa .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Amarnath Jha, Advocate For the Opposite Party : Mr. Murli Dhar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 24-10-2011 Heard. The petitioner seeks bail in a criminal case registered under Section 273 of the Indian Penal Code as also under Section 47 (a) of the Bihar Excise Act 1915. There is allegation of recovery of about 80 litres of country liquor. While disputing the prosecution case, learned counsel for the petitioner submits that petitioner is in judicial custody since 24.06.2011 and there is no other criminal case pending against him. Be that as it may, in the facts and circumstances of the case, the above named petitioner is directed to be released on bail, on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each in connection with Bakhtiyarpur P.S. Patna High Court Cr.Misc. No.35175 of 2011 (2) dt.24-10-2011 2 Case No. 126 of 2011 dated 24.03.2011 corresponding to G.R. No. 1016 of 2011 to the satisfaction of learned Chief Judicial Magistrate, Saharsa, subject to conditions that:- (a) One of the bailors must be a government servant or close family member or relation of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature of cases in future, then in that cases the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. (c) The petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. Devendra/- (Birendra Prasad Verma, J)