IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36633 of 2009 1.AMRENDRA SINGH 2.Tan Singh , both sons of Nagdev Singh, R/o village Barem, P.S. Nabinagar, Dist. Aurangabad….Petitioners. Versus STATE OF BIHAR ----------- 4 31.3.2010 Heard Mr. Sanjay Kumar, learned counsel appearing for the petitioner and Mr. Nityanand Tiwary, learned A.P.P. for the State. Petitioners apprehend their arrest in connection with Excise Case No. 103 of 2008, corresponding to Tr. No. 1585 of 2009 registered under section 47(a) of the Bihar Excise Act 1915, pending in the court of S.D.J.M, Aurangabad. It is submitted by learned counsel for the petitioners that pouch making machines have not been recovered either from their house or from their possession rather same were recovered from the house of one Nakul Paswan. Further more, the offence under section 47 (a) is not applicable in the present case. Learned counsel for the State has pointed out that wife of Nakul Paswan has stated that these petitioners had forcibly kept the pouch making machines in her house just before one hour of the search by hurling a threat of dire consequences. He further submits that the present case is clearly covered under the provisions of 47(f) of the Bihar Excise Act. In view of nature of allegation this court is not persuaded to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail. It is accordingly dismissed. Petitioners must surrender in the court below within the period of four weeks from today and seek regular bail, if so advised. If such a prayer is made then that should be disposed of on its own - 2 - merit without being prejudiced by this order. Petitioners shall be at liberty to raise all points which have been raised here for the purpose of grant of bail. (Birendra Prasad Verma, J) M.Rahman