IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11283 of 2010 MANOJ SINGH son of Shambhu Singh, resident of Village Uchauli, P.S. Madanpur, Dist. Aurangabad…Petitioner. Versus STATE OF BIHAR Opposite Party. ----------- For the petitioner : Mr. Sanjay Kumar, Advocate. For the State : Mr. Anurudh Singh, A.P.P. ---------------- 3 13.5.2010 Heard the parties. In a criminal prosecution for offence under section 47 (a) of the Bihar Excise Act 1915, there is allegation of recovery of 84 liters of country made liquor, some wrappers and some other implements from near the heap of straw of one Deo Narayan Singh of village Chei. According to the prosecution report vide Annexure-1, co-accused Bhushan Singh, a resident of same village, appears to be main culprit for committing the crime in question. Though the petitioner has also been named in the prosecution report, but he has been shown to be a resident of different village. He has been shown as an associate of co-accused Bhushan Singh. It is submitted by learned counsel for the petitioner that there is no recovery of any incriminating article either from his house or from his possession. Though he has been shown to be an associate of co-accused Bhushan Singh, but in fact, he is not at all related with co-accused Bhushan Singh. Be that as it may, in view of the fact that there is no recovery from the house or from the possession of the petitioner, in the event of his arrest or surrender in the court below within a period of four weeks from today the above named petitioner shall be enlarged on bail on furnishing bail - 2 - bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri Ashutosh Khetan, J.M. Ist class, Aurangabad in connection with Excise Case No. 39/09, Tr. No. 848/09, subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman