-1- M.Cr.C. NO.8399/2011 01.12.2011: Shri Dinesh Rathore, counsel for the applicant. Shri Devendra Singh, Panel Advocate for the respondent/State. They are heard with the case diary. This is the first bail application filed on behalf of the applicant. A criminal case has been registered against the applicant under section 34/49 of the M.P. Excise Act (for short 'the Act') as he was found carrying more than 200 liters of spirit (O.B) in a Mahindra Commander jeep on 20.08.2011. As per section 59A when a person is accused of an offence covered by clause (b) of sub section (1) of section 34 with a quantity exceeding 50 bulk liters, he is not entitled for bail ordinarily. Section 59A carves out an exception to the general rule “bail not jail”. In view of the aforesaid and considering the fact that more than 200 liters of spirit was seized from the possession of the applicant, therefore, no case is made out for grant of bail. The application stands rejected. (S.K.SETH) JUDGE Hk/