IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32216 of 2011 1. Mukesh Manjhi, Son of Dwarika Manjhi. 2. Chandrika Paswan, Son of Late Hari Paswan. 3. Shyam Paswan, Son of Late Hari Paswan. 4. Bijai Sah, Son of Kishori Sah. 5. Pintu Sah, Son of Kishori Sah. All residents of Village- Rasanpur, Police Station-Warisaliganj, District- Nawadah………….Petitioners. Versus The State Of Bihar ---------------------------------- with Criminal Miscellaneous No.32289 of 2011 Bahadur Sah @ Bahadur Sao, Son of Shankar Sah, resident of Village- Rasanpur,P.S. Warisaliganj, in the District of Nawada…………Petitioner. Versus The State Of Bihar 2. 15.10.2011. Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 47(A) and 47(D) of the Excise Act. It is submitted by learned counsel for petitioners that Chandrika Paswan petitioner no. 2 of Cr. Misc. No. 32216 of 2011 has already been arrested. Hence, his anticipatory bail application has become infructuous. The bail application with regard to petitioner no. 2 is disposed off. There is accusation of recovery of 40 liters from petitioner no.1, 50 liters from petitioner no.3, 40 liters from petitioner no.4 and 35 liters from petitioner no. 5 of Cr. Misc. No. 32216 of 2011 whereas 45 liters from petitioner of 2 Cr. Misc. No. 32289 of 2011. It is submitted by learned counsel for petitioners that seizure has been made from joint house of several persons and it does not reflect from the F.I.R. that seizure has been made from portion in possession of respective petitioners. Moreover, seizure can not be treated from possession of petitioners as they were not found present in their house. It is orally submitted by learned counsel for petitioners of Cr. Misc. No. 32216 of 2011 that petitioners have no criminal antecedent whereas in paragraph no. 10 of Cr. Misc. No. 32289 of 2011 a statement has been made that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioners, Mukesh Manjhi, Shyam Paswan, Bijai Sah, Pintu Sah and Bahadur Sah above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Warisaliganj P.S. Case No. 110 of 2011 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the 3 learned C.J.M. Nawadah, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U. K. ( Dinesh Kumar Singh, J)