IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19703 of 2009 MAHESH YADAV son of late Badhan Yadav, resident of village- Gopibigha, Police Station- M.M.C.H., Gaya, District- Gaya. ….Petitioner Versus THE STATE OF BIHAR …Opposite party ----------- 02. 10.06.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is accused in a case under Section 47(A) of the Excise Act and section 414 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner was not caught on the spot and therefore it cannot be said that recovery was made from his possession. However, from the FIR it appears that the shop belongs to the petitioner Mahesh Yadav and Arun Yadav. The petitioner has remained in custody only for one month. Considering the aforesaid facts, petitioner named above is directed to be released on bail in connection with Civil Lines P. S. Case No. 56 of 2008 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of CJM, Gaya on completing three months in custody. kanchan (Sheema Ali Khan, J.)