IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22795 of 2009 MANOJ YADAV, SON OF LATE TILAK DHARI YADAV, RESIDENT OF VILLAGE/MOHALLA SARIF GANJ, P.S. KATIHAR (SAHAYAK), DISTRICT KATIHAR Versus STATE OF BIHAR ----------- 2. 07.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Section 47 of the Excise Act. It is alleged that a white coloured plastic bag containing 270 pouch of country made wine weighing 400 ML each was recovered from the house of the petitioner. It is submitted that the petitioner is jointly living in the house with his brother. It is said that the petitioner is a salesman of a licensee of a shop of one country made wine and due to business rivalry he has been falsely implicated in this case. A supplementary affidavit has been filed today stating that the petitioner has no criminal antecedent. Petitioner is in custody since 24.5.2009. Considering the fact that this is the first offence of the petitioner, the application is allowed. Petitioner (Manoj Yadav) is directed to be released on bail on furnishing bail bonds - 2 - of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Katihar (Sahayak) P.S. Case No.123/2009. B.T (J.N. Singh, J.)