IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13791 of 2011 BINOD KUMAR Versus THE STATE OF BIHAR ----------- 02. 12.05.2011 Petitioner is apprehending his arrest in a case registered under Sections 47A of the Excise Act. The accusation is of recovery of 6000 kg of Mahua flower and 6000 kg of Chooa from the godown of one Ishwari Sah. It is submitted by learned counsel for the petitioner that petitioner has only claimed the Mahua flower which was being carried from UP to Ranchi and storing as carrying Mahua flower is not an offence either in UP or Jharkhand. It is further submitted that purchase was made on 01.02.2011 but due to some technical problem in vehicle, it was unloaded at Rajouli, Bihar, in the meantime, the raid was conducted on 09.02.2011. It is further submitted that the seizure was made on 09.02.2011 whereas the prosecution report was transmitted to the learned Court below on 14.02.2011. It is also submitted that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner namely Binod Kumar, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory 2 bail for six months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Nawada in connection with Excise Case No. 28 of 2011 The bail bonds of the petitioner shall be provisionally accepted which shall be finally accepted by learned Court below in two eventualities if on verification by the investigating agency it is found that the actual purchase was made by the petitioner from U.P. and petitioner has no criminal antecedent. The said verification has to be done by the I.O. within a period of three months. Shageer ( Dinesh Kumar Singh, J)