IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5370 of 2009 SHYAMAL PRASAD SINGH Versus STATE OF BIHAR ----------- 2 21.5.2009 Heard learned Counsel for the petitioner and the learned counsel for the State. The petitioner apprehends arrest in a police case under Section 47 of the Excise Act. The submission is that seizure list witnesses have filed affidavits subsequently denying the occurrence. The petitioner is a first offender liable for punishment for three months. Issues, that the seizure list witnesses were not supporting are to be considered more appropriately in a regular bail application which shall be decided keeping in mind the duration of the punishment may that follow so that the petitioner is not kept in incarceration without trial. The application is dismissed with the aforesaid observation. (Navin Sinha,J.) A.Kumar