IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34836 of 2011 ====================================================== Durgesh Kumar, son of Sri Nandlal Singh, resident of Vill. Mesourha, P.S. Sikandara, Distt. Jamui. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramesh Prasad Singh with Mr. Sanjay Kumar Singh, Advocates For the Opposite Party/s : Mr. Pradeep Narain Kumar, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 24-10-2011 Heard. In a criminal prosecution registered under Section 47 (a) of the Bihar Excise Act, 1915, about 74 liters of country liquor is said to have been recovered from a house owned by the petitioner and his other family members. It is further highlighted that for the alleged recovery, the petitioner and his father, both have been arraigned as the accused. It is also highlighted that the petitioner is in judicial custody since 11.09.2011 and no other criminal case is pending against the petitioner. In the facts and circumstances of the case, the above named petitioner is directed to be released on bail in connection with Excise Case No.282C2 of 2011 on furnishing bail bond of Patna High Court Cr.Misc. No.34836 of 2011 (2) dt.24-10-2011 2 Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, subject to the conditions that:- (a) One of the bailors must be a government servant or close family member or relation 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 cases 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, (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 their lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. Anjani /- (Birendra Prasad Verma, J)