IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8875 of 2010 1. MOHAN KUMAR, S/o Sri Nathuni Prasad. 2. Anil Kumar, S/o Late Mangal Prasad. Versus THE STATE OF BIHAR with Cr.Misc. No.12266 of 2010 HARILAL CHOUDHARY, S/o Shivji Choudhary. Versus THE STATE OF BIHAR with Cr.Misc. No.13116 of 2010 SUMITRA DEVI, W/o Ram Chandra Chauhan. Versus THE STATE OF BIHAR ----------- 03. 12.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 272, 273 and 304 of the Indian Penal Code and Section 47A of the Excise Act. The prosecution case is that when a suspicion was raised about two persons having lost their lives after consuming liquor certain ladies were nabbed who disclosed that they had purchased the liquor from Hari Lal who in turn purchased it from Mohan Kumar, a licensed wine shop dealer. Thereupon the shop of petitioner Mohan Kumar was sealed after certain samples were taken on - 2 - examination of which no poisonous material was found. Certain other persons were also arrested in the transaction who disclosed that one Rajesh Choudhary was dealing with illicit liquor and his house was raided. Where the petitioner Mohan Kumar is concerned, the submission is that he is a licensed shop owner and none of the articles seized was found to be adulterated and the petitioner No. 2 merely happens to be the employee of petitioner No. 1 and he had no hand in the transaction. The submission on behalf of Hari Lal Choudhary is that apart from the oral confession of the co-accused there has been no recovery from his possession and he has never been implicated in any other case besides the present one. The submission on behalf of Sumitra Devi is that she was arrested on suspicion but there has been no recovery from her possession and she has not been implicated in any other case besides the present one. The post-mortem examination report of the deceased reveals that the contents of the stomach - 3 - contained only alcohol and no poisonous substance. In view of above, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Siwan Town P.S. Case No. 174 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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. (iii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioners will be well represented on each date and - 4 - if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. The Officer In-charge, Siwan Town P.S. will keep a watch on the activities of the present petitioners so that they do not indulge in such activities again. Let a copy of this order be forwarded to the Officer In-charge Officer In-charge, Siwan Town P.S. through S.P. Siwan. Vikash/- (Anjana Prakash, J.)