IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7965 of 2010 UPENDRA SHARMA, SON OF LATE SARYUG SHARMA, RESIDENT OF VILLAGE-BHARDHARI, WARD NO.37, SAHARSA, P.S. SAHARSA, DISTRICT-SAHARSA. …………………………………………………….PETITIONER. Versus THE STATE OF BIHAR………………..OPPOSITE PARTY. With Cr.Misc. No.8315 of 2010 KAILASH SHARMA, SON OF LATE BINDESWARI SHARMA, RESIDENT OF VILLAGE BHERDHARI, WARD NO.37, POLICE STATION-SADAR SAHARSA, DISTRICT- SAHARSA………………………………………PETITIONER. Versus THE STATE OF BIHAR………………OPPOSITE PARTY. --------- For the Petitioners : M/s.Subesh Sharma and Neeraj Kumar @ Sanidh, Advocates (in both the cases). For the State : Mrs. Asha Devi, A.P.P. (in both the cases). ------------ 2. 12.3.2010. Learned counsel for the petitioners is permitted to make correction in the prayer portion of the application with regard to the description of the court concerned. Both these cases arising out of the same Sadar Saharsa Police Station Case No.30/2010 have been considered together and disposed of by the order dated - 2 - 23.2.2010 by the Ist Additional Sessions Judge. Thus, both these application have been heard together and are being disposed of by this common order. Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners are accused in a case registered under Section 290 of the Indian Penal Code besides Section 47 of the Excise Act. It has been submitted on behalf of the petitioners that as per the allegation, set up in the First Information Report, 30 pouches of country made liquor alongwith one bear bottle and one wine bottle have been recovered from the possession of each of the petitioners. They are stated to be in custody since 20th of January, 2010 and they are first offenders. Having regard to the facts and the circumstances of the case, the petitioners, namely, Upendra Sharma (in Criminal Misc. No.7965 of 2010) and Kailash Sharma (in Criminal Misc. No.8315 of 2010) are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount - 3 - each to the satisfaction of Chief Judicial Magistrate at Saharsa, in connection with Sadar Saharsa P.S. Case No.30/2010, with a further condition that one of the bailors of the petitioners must be the close relative or their family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioners. Further, after their release in this case, if the petitioners are again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of their bail bonds. P.S. (Dr. Ravi Ranjan,J)