IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23816 of 2009 AMBHU PASWAN Versus STATE OF BIHAR ----------- 2/ 18.09.2009 Heard both sides. On the strength of complaint lodged by the Excise Authority he has facing prosecution under Section 47 A of the Excise Act. Allegation, as per official report, is that a huge quantity of spirit was/were found stored behind the house of the petitioner. Learned counsel for the petitioner submits that in fact the seizure of spirit made from ‘Parti’ land which is an orchard. It is next contended that the learned Sessions Judge committed error of record when it found and held that the spirit was recovered from the house of the petitioner. This court finds substance in the statement of the petitioner. However, considering the fact that huge quantity of spirit was recovered from behind the house of the petitioner, this court does not find it to be a fit case for exercise of the discretion. Let petitioner surrender and apply for regular bail before the court below which shall be considered and disposed of having regard to the materials on record uninfluenced by the present order passed by this court in the present proceeding. With this observation the application is dismissed. Sym ( Kishore K. Mandal, J. )