IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. CR. MISC. BAIL APPLICATION No.6292/2009 Bhagwan Singh v/s State of Rajasthan Date : 19.8.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Surendra Sharma, for accused petitioner. Mr. G.S. Fauzdar, Public Prosecutor, for State. This order governs the disposal of bail petition filed under section 439 of Cr.P.C. by Mr. Surendra Sharma Advocate on behalf of the applicant Bhagwan Singh pertaining to FIR No.264/2009 of Police Station Kunhadi, Kota in the offences under sections 19/54 and 16/54 of Excise Act. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that the petitioner is a license holder of liquor shop. He has been falsely implicated. It is wrongly alleged that he was adulterating 30 bottles of liquor by way of mixing water therein. The godown was inspected by a police officer not authorized to do so under Section 47 of Excise Act and if a person not authorized to conduct a regular search then the lapse amounts to an offence under Section 58-C of the Excise Act, which is punishable with three months' imprisonment and thus, bailable, hence, the petitioner may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail petition. 5. Having considered the submissions made at the Bar and perused the relevant material available on record, I, without expressing any opinion on the merits of the case, do feel inclined to grant bail to the petitioner and the bail petition is ordered to be allowed. 7. It is, therefore, ordered that the accused petitioner Bhagwan Singh S/o Shri Shiv Raju Singh in FIR No.264/2009 of Police Station Kunhadi, Kota, shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- together with two surety bonds each in the sum of Rs. 25,000/- to the satisfaction of the learned trial court with the stipulation that he shall appear before that court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI)J. Mak/- s-13