IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8491 of 2010 SATYENDRA YADAV,son of Ajay Yadav,resident of Village-Ajam Nagar,P.S.-Agiaon (Garhani), District-Bhojpur. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- For the petitioner :Mr.Anant Kr.Pandey,Advocate For the State :Mr. Dinesh Singh,Addl.P.P. ----------- 02/ 16-04-2010 Heard the parties. Petitioner apprehends his arrest in connection with Excise Case No.139 of 2009 dated 06-11-2009, registered under Section 47(a) of the Bihar Excise Act. It is submitted by the learned counsel for the petitioner that there are recovery of ten litres of country made liquor and some apparatus from the river side and there is no recovery of any article from the conscious possession of the petitioner. Admittedly, accused persons are said to have fled away from the alleged place of occurrence after seeing the raiding party. It is also stated that there is no criminal history at all against him. In the aforesaid background, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Shri Om Prakash, Judicial Magistrate, Ist Class, Ara (Bhojpur), subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure, and subject to further conditions that : (a) one of the bailors must be a Government 2 servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (b) if the petitioner is 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 and (c) the petitioner shall make regular Pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make Pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. AH/ ( Birendra Prasad Verma, J.)