IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19815 of 2010 1. KALICHARAN BAITHA @ KALICHARAN RAJAK, S/O Rai Baitha, R/O wardno.1, Narkatiganj, P.S. Shikarpur, Distt. West Champaran. 2. Naathu @ Natho Manjhi, S/O Jhakuri Manjhi, R/O Vill. Belwa Bahuari, P.S. Gaunaha, Distt. Champaran ……Petitioners Versus STATE OF BIHAR …O.P. ----------- 2. 21.06.2010 Heard the parties. The petitioners apprehend their arrest in a case instituted for an offence under Section 47(a) of the Bihar Excise Act 1915. It is submitted by learned counsel for the petitioners that according to F.I.R. itself co-accused Manoj Kumar and co-accused Mukesh Kumar, who were travelling by an auto rickshaw, were apprehended by the police and from their possession 20 liters of country made liquor were seized. It is also submitted that as a matter of fact the petitioners have been named in the F.I.R. as accused at the statement of the aforesaid two apprehended accused and admittedly they were not present at the alleged place of occurrence and no incriminating articles have been recovered either from their house or from their possession. It is further submitted that petitioners are men of absolutely fair antecedent and there is no criminal history at all against them. In the aforesaid facts and circumstances, in the event of arrest or surrender in the court below within four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of - 2 - C.J.M., West Champaran, Bettiah in connection with Gaunaha P.S. Case No. 10 of 2010 subject to the condition laid down under Section 438(2) Cr.P.C. and subject to further conditions : (a) That one of the bailors must be Govt. servant or close family member of the petitioners who will file an affidavit in the court below showing his/her relationship with the petitioners. (b) If the petitioners are 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. Praveen (Birendra Prasad Verma,J.)