IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17521 of 2010 BISHWAKARMA CHAUHAN @ BIKARMA CHAUHAN son of Durga Chauhan Versus STATE OF BIHAR ----------- 2/ 19.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 272, 273, 304 of the Indian Penal Code and 47- A of the Excise Act. When the father of the informant died after consuming allegedly poisonous liquor, an enquiry was made and it was found that the liquor had been provided by one Vijay Kumar Sah after buying the same from one Mohan Kumar. The shop of Mohan Kumar was sealed and the articles were tested but the same was not found poisonous. During investigation, it transpired that the petitioner also indulged in sale of liquor and therefore, has been implicated in the present case. However, there being no direct material against the petitioner in contributing to the death of deceased, let the petitioner, above named, who is in custody since 2.2.2010 and has no criminal antecedent, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Siwan Town P.S. Case No.174 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit - 2 - shall clearly state that the petitioner is not accused in any other case and, if he is, he shall not be released on bail, (iii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv)That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)