IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4126 of 2009 RAM SWARUP CHOUDHARY Versus STATE OF BIHAR For the petitioner : Mr. Prithivi Raj Sinha, Advocate For the State : Mr. C. Jawahar, APP ----------- 2 23.04.2009 Heard both sides. The petitioner seeks anticipatory bail in a case instituted under section 47(A) of the Excise Act. The allegation is that 30 ltrs of Mahua wine and 1600 kgs of Mahua were found in possession of the petitioner. It has been contended that although seizure was made on 16.3.2007 but F.I.R. was lodged after more than 3 months i.e. on 29.6.2007. Admittedly, the petitioner was not found at the place of seizure. Referring to order dated 1.12.2008 passed in Cr. Misc. No. 48032/2008, it has been contended that on the ground of delay itself, accused person, similarly placed, has been granted anticipatory bail. A copy of the said order is kept on record and marked as “X”. Considering the aforesaid facts, this Court is persuaded to extend him the privilege of anticipatory bail. In the event of arrest or surrender in the court below within a period of four weeks, the petitioner abovenamed is directed to be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of Sri A.K.Gupta, 2 Judicial Magistrate, Ist Class, Gaya in connection with Excise Case no. 217/2007. pkj ( Kishore K. Mandal, J. )