IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39704 of 2009 1. SURESH MAHTO S/O LATE RAM PRASAD MAHTO R/OVILL OLIAPUR BHAIROKHRA, P.S.TAJPUR, DISTT- SAMASTIPUR Versus 1. THE STATE OF BIHAR ----------- 2. 19.1.2010 Heard learned counsel for the petitioner. The defence on behalf of the petitioner without persuades to his right and intention under Section 47(a) of the Excise Act is that he is the first offender. The application is rejected. Any application for regular bail on behalf of the petitioner shall be considered on its own merits, keeping in mind that the punishment for the first offender may be as less as three months, without being prejudiced by the present order. P. Kumar (Navin Sinha, J.)