IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7376 of 2008 SATTO YADAV Versus THE SYAYE OF BIHAR ----------- 2. 01.5.2008 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner prays for anticipatory bail in a case under Section 47A of the Bihar Excise Act. The allegation against the petitioner is that on receipt of confidential information the Sub-Inspector of Sadar Police Station, Darbhanga along with other police constables went to the house of the petitioner and in the Baswari (bamboo clumps) 30 yards north to the house of the petitioner seven drums containing 200 liters each spirit were recovered from a ditch. Further, seven empty drums and an iron hand pump for taking out spirit were found in the house of the petitioner. Learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner. It is stated that the bamboo clumps although located on the land of the petitioner but are in the open and are accessible by any one and every one and the area being flooded, the petitioner, at the relevant time when the recovery was made, was not even residing in the house. It is further pointed out that so far as the recovery from the house is concerned, there was no spirit in the said drums and no offence under Section 47 (a) of the Bihar Excise Act is made out with respect to that. It is also pointed out on the basis of the statements made in paragraph no. 17 of the application that the petitioner has no criminal history. - 2 - Learned Additional Public Prosecutor for the State opposes the prayer for anticipatory bail saying that the recovery has been made from the land of the petitioner and further recovery of seven drums, even though they were empty, casts strong suspicion against the petitioner. On a consideration of the facts and circumstances of the case and particularly keeping in view the fact that the petitioner has no criminal antecedent, it is directed that the petitioner, Satto Yadav, in the event of his arrest/surrender in the court below within four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Darbhanga Sadar P.S. Case No. 170/2007, G.R. No. 1643/2007, to the satisfaction of the Chief Judicial Magistrate, Darbhanga, subject to the conditions laid down under Section 438(2) Cr.P.C. S. Pandey ( Ramesh Kumar Datta, J. )