1 S.B. Cr.Misc. Bail No. 3844/2007 (Prakash Choudhary and Anr. Vs. State of Rajasthan) Date of order : 22.08.2007 HON'BLE MR.H.R.PANWAR,J. Mr. Sandeep Mehta for the petitioners. Mr. Ashok Upadhyay, P.P. Heard learned counsel for the petitioners and public prosecutor for the State. Perused the order impugned and the police investigation diary. It is contended by learned counsel for the petitioners that the alleged illicit liquor and the articles meant for manufacturing the illicit liquor, spurious labels, bottles etc. have been recovered from the residence of co-accused Khemraj but the petitioners are residents of Vallabhnagar, district Udaipur and Badi Sadri, district Chittorgarh respectively and have nothing to do with the place of occurrence. Learned public prosecutor submits that there is evidence in the case diary that the petitioners have been trading in the illicit liquor from the house of Khemraj which has been taken on rent by them. I have carefully gone through the police investigation diary. There are number of witnesses who are residing in the neighbourhood of Khemraj, who all stated that both the petitioners have been residing in the house of Khemraj as tenants and they have been frequently coming, bringing and taking away the liquor in the vehicles. Keeping in view the statements of the witnesses more 2 particularly neighbours of the house of Khemraj, I do not find it a fit case to release the petitioners on anticipatory bail. The bail application filed by the petitioners under Section 438 Cr.P.C. is therefore, dismissed. (H.R.PANWAR), J. rp