IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11384 of 2011 KARMULLAH MIAN @ MD. KARMULLAH Versus THE STATE OF BIHAR ----------- 2 08.04.2011 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Section 47(A) of the Excise Act. 1920 liters country made illegal liquor was recovered. It is alleged against the petitioner that he was carrying the vehicle and on seeing the police party he left the motor cycle and fled away. Learned counsel for the petitioner submitted that the alleged motor cycle was not of the petitioner and petitioner has no criminal antecedent. Hence the recovery cannot be treated to be made from the petitioner. Though the prosecution report reflects three persons as acused but column 6 of the seizure report reflects that it was seized from Mangalpur market from a Bolero pick up van. It is further submitted that the seizure was made on 20.4.2010 whereas it was transmitted to the learned Court below on 23.4.2010. Considering the aforesaid facts, let the petitioner namely, Karmullah Mian @ Md. Karmullah, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, 2 Bettiah, District West Champaran, in connection with Excise Case No. 07 of 2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bond will be provisionally accepted when the learned court below will verify from the criminal from the criminal antecedent and it is found that the petitioner is involved in any other Excise Act then his bail bond will not be accepted. Ibrar/- ( Dinesh Kumar Singh, J.)