1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL BAIL APPLICATION NO. 2732/2007 (Prabhulal V/s State of Rajasthan) Date of Order : 12/07/2007 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. J.V.S.Deora, for the petitioner. Mr. Ashok Upadhyay, P.P. BY THE COURT:- Heard learned counsel for the petitioner and public prosecutor for the State. Perused the order impugned. It is contended by learned counsel for the petitioner that had the petitioner been present at the place of occurrence with the illicit liquor, then nothing prevented the excise officials to arrest him on the spot. Learned public prosecutor submits that the excise officials while on patrolling suspected the petitioner and wanted to check him, but seeing the excise officials, the petitioner left the bag containing 50 pouches of illicit liquor as also a Jerrican containing 20 bottles of made of Mahua and fled away. Merely because, the excise officials could not 2 apprehend the petitioner on the spot cannot be a ground to show that the petitioner has been falsely implicated. Constables Bahadur Singh and Chhaganlal have identified the petitioner. In the circumstances, therefore, in my view, it cannot be said at this stage that the petitioner is not involved in the alleged commission of crime. No case for grant of bail under Section 438 Cr.P.C. is made out. The bail application is therefore, dismissed. (H.R.PANWAR),J. rp