IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35156 of 2011 ====================================================== 1. Amarjit Sahni @ Jitu Sahni @! Amarjit Kr.Sahani @ Jitu Kr.Sahani S/O Late Rajiv Sahani R/O Village - Karhi, P.S. Singhia, District - Samastipur (Bihar ) .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinay Kumar Mishra, Adv. For the Opposite Party/s : Mr. Dr. M.K.Gautam, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 25-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under Section 47(a) of the Bihar Excise Act, 1915. It is submitted that though there is allegation of recovery of 120 liters of country liquor from a house, which is owned and possessed by several persons including the petitioner, who are the members of the joint family. It is also stated that the petitioner is a student of +2 standard and he is a young man having clean antecedent. In the facts and circumstances of the case, in the event of his arrest or surrender in the court below within a period of four weeks from today, let the above named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera, Samastipur, in connection with Excise Patna High Court Cr.Misc. No.35156 of 2011 (2) dt.25-10-2011 2 / 2 2 Case No. 01 of 2011, subject to the conditions as laid down under Section 438(2) Cr. P.C. and subject to the further conditions that: (A) One of the bailors must be government 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. BTiwary/- (Birendra Prasad Verma, J)