IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48937 of 2008 PAPU SINGH @ JITENDRA KUMAR & ANR Versus STATE OF BIHAR ----------- 2 9.1.2009 Heard learned counsel for the parties. The petitioners are accused in a case under section 47 of the Excise Act and sections 273 and 290 of the Penal Code. Learned counsel submits on the basis of the report of the Dy. Supdt. Of Police that the illicit liquor was recovered from the house of Shyamnandan Sharma. Shyamnandan Sharma has been examined by the Dy.Supdt. of police and he has stated that he has rented the house to Bachchu Yadav who used to prepare the illicit liquor. Learned counsel submits that Bachch Yadav has wrongly named these petitioners to be the owner of the said shop which produced the illicit liquor. It is further submitted that Bachu Yadav was caught on the spot whereas the petitioners were not found present at the time of the raid. Be that as it may, the petitioners Pappu Singh @ Jitendra Kumar and Dina Yadav @ Dina Nath Azad are directed to be released on anticipatory bail in the event of their arrest or surrender in Makhdumpur PS Case No. 253/2008 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad subject to the conditions laid down under section 438(2) Cr.P.C. haque Sheema Ali Khan,J.)