IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35406 of 2011 ====================================================== Ajay Nath Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== 2 24-10-2011 Heard learned counsels for the petitioners and the State. The petitioner is apprehending his arrest in a case registered under Section 47(a) of the Excise Act and Section 290 of the Indian Penal Code. The case was lodged on recovery of huge quantity of the liquor. It is submitted by learned counsel for the petitioner that in fact the recovery was not made from the petitioner’s house as gets reflected from the newspaper, as contained in Annexure-2, but on the eve of the election, there was dispute between two sides and when the petitioner’s side lodge a case then in connivance with the police, the rival parties lodged the present case. It appears that the seizure was made on 12.04.2011 when the F.I.R. was transmitted to the learned court below on 15.04.2011. A statement has been made in para 13 of the petition that the petitioner has never been involved in a case of similar nature of offence. Considering the delayed transmission of the F.I.R. which clouds the bona fide of the accusation, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Gaighat P.S. Case No. 91/2011 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Amrendra Kumar/- (Dinesh Kumar Singh, J)