IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31295 of 2011 Lal Babu Yadav, Son of Ramayan Yadav, resident of Village Jamuniya, P.S. Thakaraha (Bhitaha O.P.), District West Champaran. -------Petitioner Versus The State Of Bihar -----Opposite Party --------------- 03/- 08/11/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 420, 272, 273, 34of the Indian Penal Code and Section 47(A) of the Excise Act, is one of the two named accused in this case. Submission is that whatever country made wine and manufacturing materials were recovered was recovered from the house of co-accused, non-petitioner Motichand Chouhan and only on mere suspicion petitioner has been named as his associate, but throughout in the investigation, there is nothing to support such suspicion against the petitioner, who has no criminal antecedent. If it is so, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran, in connection with Thakaraha (Bhitaha) P.S. Case No. 20 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)