IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.42322 of 2010 RAJESH MAHTO Versus STATE OF BIHAR ----------- 02. 26.03.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner is named as accused in connection with Pandaul G. O. No. 115 of 2009 for alleged offence under section 47-A of the Excise Act. Counsel for the petitioner submits that petitioner was not present at the place from where recovery of three quintals of Jaba Mahua and 32 liters of illegally prepared wines was made. Recovery is not from the place of petitioner’s house. The seizure list was not prepared in presence of either the petitioner or any of his family members. It has also been stated that petitioner has no criminal antecedent and previously he has not been made accused in any similar case. Considering these facts, prayer for anticipatory bail on behalf of the petitioner, namely, Rajesh Mahto is allowed. In the event of his arrest/surrender before the Court below within four weeks from today he shall be released on anticipatory bail on furnishing bail bonds of Rs. 2 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Madhubani in connection with Pandaul G. O. No. 115 of 2009, subject to the conditions as laid down under section 438 (2) of the Code of Criminal Procedure. SKM (Mridula Mishra, J.)