IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.23692 of 2010 VIJAY YADAV @ NIRMAL YADAV, S/O LATE GARIBA YADAV, R/O VILLAGE MASARH TOLA (ASANI) P.S. UDWANT NAGAR, DISTRICT BHOJPUAR .. PETITIONER Versus THE STATE OF BIHAR .. OPPOSITE PARTY **** /2/ 21 July 2010 Heard the learned counsel for both the parties. 2. This application is for anticipatory bail for offence under Section 47(A) of the Excise Act with regard to recovery of 18 liters of liquor alleged to be found from Vijay Yadav. 3. The learned counsel for the petitioner, however, prays two fold submissions that the petitioner is not Vijay Yadav and he is Nirmal Yadav. However, this forum of anticipatory bail is not a proper forum to decide whether the petitioner is Vijay Yadav or not and if the petitioner is not Vijay Yadav then his petition for anticipatory bail is not maintainable. 4. However, with regard to the fact that 18 liters of liquor have been recovered, I am not inclined to grant bail to the petitioner, above named. The prayer for 2 anticipatory bail is rejected. 5. However, if the petitioner surrenders and prays for regular bail then the Court below shall consider bail petition on it’s own merit and without being prejudice of this order taking into consideration the meager amount of liquor alleged to have been seized from the petitioner. S.A. ( Gopal Prasad, J. )