IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23795 of 2011 Pintu Gupta, Son of late Laxmi Narayan Gupta @ Late Laxshmi Narayan Sao, resident of village- Chhoti Pahari, Mansur nagar (Mahua Tola), P.S- Sohsarai, District- Nalanda. …………………………………………………………..petitioner Versus The State of Bihar…………………………………Opposite party --------- For the petitioner : Mr. Nawal Kishore Singh and Mr. Upendra Mishra, Advocates For the State : Mrs Anita Kumari, APP -------- 2 20.07.2011 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Deep Nagar P.S. Case No.104 of 2011 registered under Sections 419, 420, 467, 468, 469, 471, 272, 273, 290 and 120B/34 of the Indian Penal Code besides Sections 47, 47(A), 49, 65 and 55 of the Excise Act. Learned counsel appearing on behalf of the petitioner submits that no incriminating substance has been recovered from the possession of the petitioner. It 2 has also been submitted that the petitioner was not arrested in this case rather his name has come in the confessional Statement of co-accused Dilip Kumar. The petitioner has no concern with the alleged offence. It appears from the perusal of the F.I.R. that the informant, who is S.H.O., Deep Nagar P.S., alongwith police officials raided the house of the co-accused, Dilip Choudhary, and recovered 5000 pieces pouches of 22ml- 1000 liters liquor, raw sprit 1500 liters pouches packing machine-one gas cylinder of 5 Kgs- one empty wrapper of plastic pouches- about 50 Kgs, solution of sprit and water kept in gallon of 50 liters and other articles and arrested Dilip Kumar @ Dilip Kumar chaudhary, Chunchun Kumar and Vikas Kumar, who were found packing country made liquor in one of the rooms of the house. Dilip Kumar said in confessional statement about supply of sprit by the petitioner and Vipin Gupta. Having considered the facts and the circumstances of the case, let the petitioner abovenamed, in the event of his arrest or surrender by him within four weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two 3 sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda, Biharshari, in connection with Deep Nagar P.S. Case No.104 of 2011, subject to the condition laid down under Section 438(2) Cr.P.C. Namita ( Rajendra Kumar Mishra, J.)