IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37199 of 2008 RAM SWARUP VERMA @ NETA JI Son of Late Chandradeep Mahto, Resident of village- Kahapa P.S.- Raniganj, District- Aurangabad (Bihar) Versus STATE OF BIHAR ----------- 4 27.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for the offences under sections 47(A) of the Excise Act. The allegation is against 52 liters of country made liquor and some other foreign liquor was recovered from the house of one Suryadeo Yadav and on search the son of the said Suryadeo Yadav was arrested. On enquiry it was disclosed that the room in question from where the alleged articles were recovered was given on rent to this petitioner for doing the business of the fertilizer. The same was being done, however at the same time the alleged articles were also recovered from the said room. It has been submitted on behalf of the petitioner that the petitioner is resident of the same village and he is having his own house, and as such, there is no question of taking the room on rent. It is further submitted that the name of the petitioner has been implicated in this case by the said Suryadeo Yadav who was the Chowkidar in collusion with Police. - 2 - Learned Addl. P.P. appearing for the State submits that it may be a fact that said Suryadeo Yadav, who was the Chowkidar, was in inimical terms with the petitioner, but the fact that the room in question from where the alleged articles were recovered was given to the petitioner can not be ruled out. Considering the facts and circumstances of the case and the nature of allegation levelled against the petitioner, I am not inclined to grant him the privilege of anticipatory bail. His prayer for grant of anticipatory bail is, accordingly, rejected. Manish/- ( Shailesh Kumar Sinha,J.)