IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31371 of 2011 ====================================================== Jai Prakash Yadav @ Nanhaki son of Raghunath Rai, resident of village- Doriganj, P.S. Doriganj, Distt.- Saran. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kr. Singh, Adv. For the Opposite Party/s : Mr. Sanjay Kumar, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 15-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under Section 47(a) of the Bihar Excise Act, 1915. It is submitted that though there is allegation of recovery of 120 liters of country liquor and some other articles, but it cannot be said that the recovery has been made either from the house or from the place belonging to the petitioner. It is highlighted that in fact, alleged recovery has been made from the place, which does not belong to the petitioner. In the facts and circumstances of the case, in the event of his arrest or surrender in the court below within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10, 000/- with two sureties of the like amount each to the satisfaction of Sri Anchal Dwivedi, learned J.M. 1st Class, Chapra, Saran in connection with Tr. No. 290 of 2011, arising out of Excise Case No. 4 of 2009, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the further conditions that : Patna High Court Cr.Misc. No.31371 of 2011 (2) dt.15-10-2011 2 / 2 2 (A) One of the bailors must be government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioners, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case 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 and (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 dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. B Tiwary/- (Birendra Prasad Verma, J)