IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20355 of 2011 Binod Yadav @ Vinod Yadav, Son of Late Gama Singh, resident of Village Sasama, P.S. Kudra, District Kaimur at Bhabua. -------Petitioner Versus The State Of Bihar -----Opposite Party ------------------- For the State :- Mr. P.K. Pandey, A.P.P. ---------------- 04/- 13.10.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 47-A of the Excise Act, is one of the named accused in this case, but only on disclosure of his name by co-apprehended accused as the owner of the Line Hotel from where country made and other wines were recovered in huge quantity and petitioner use to deal with the same. Submission is that petitioner is neither the owner of the said Line Hotel nor he has any concerned with the same or with the articles and through out in the investigation nothing emerged against him showing his ownership and antecedent as alleged. Learned Additional Public Prosecutor, who is armed with the case diary up to paragraph – 48 dated 13.07.2011 could not be able to refute such submissions, though state that investigation is still pending. Considering the facts and circumstances of the case, till conclusion of the investigation, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabhua, in connection with Kudra P.S. Case No. 80 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till conclusion of the investigation and in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)