IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38952 of 2008 RAMCHANDRA YADAV @ SADHU Versus STATE OF BIHAR ----------- 2 22.10.2008 Heard counsel for the petitioner. Earlier the prayer for bail of the petitioner was allowed by this Court by an order dated 23.5.2008 in Cr. Misc. No. 8800 of 2008 wherein it was clearly recorded that even though huge quantity of illicit liquor were found to be under process of manufacturing in which the name of the petitioner had surfaced as Bhathi owner, this Court considering the fact that the petitioner had no criminal antecedent and was first time offender under Section 47(A) of the Excise Act had directed him to be released after completing a period of six months in judicial custody. From the records, it would transpire that the petitioner had surrendered on 12.1.2008 and accordingly, such bail was to be given to the petitioner only on or after 12.7.2008 in terms of the order dated 23.5.2008. The petitioner however, could not be released on bail because two cases filed under Section 47 (A) of the Excise Act were pending against him being Dumraon P.S. Case No. 189 of 2005 and Dumraon P.S. Case No. 127 of 2006. Thereafter this application has been filed claiming that due to inadvertence on the part of the person instructing the earlier counsel appearing in Cr. Misc. No.8800 of 2008 a wrong information was given that the petitioner had no - 2 - criminal antecedent. It has also been prayed that whatever action may be taken against that person who had given incorrect information with regard to the criminal antecedent of the petitioner, the petitioner must be released on bail. This Court is not in a position to accept such submission for a simple reason that had even on that day this information been given that the petitioner is a veteran criminal who had earlier been also made accused in similar offences, probably he could not have been directed to be released on bail in view of recovery of huge quantity of illicit liquor under process of manufacturing specially when he is said to be Bhathi owner. That being so, this Court, in view of the criminal antecedent of the petitioner is not in a position to grant him bail for the present and his prayer for bail is accordingly rejected with an observation that he may renew his prayer for bail before this Court after completing one year of judicial custody i.e. on or after 12.01.2009. With the aforementioned observations this bail application is dismissed. Bibhash (Mihir Kumar Jha, J.)