IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24673 of 2008 SHYAM BIHARI MANJHI Versus THE STATE OF BIHAR ----------- 2 21.07.2008 Heard the learned counsels for the petitioner and the State. Petitioner apprehends arrest in Excise Case No. 14 of 2007 for the offences alleged to have been committed under section 47(a) of the Excise Act. It has been submitted on behalf of the petitioner the officers of the Excise have lodged the present case after one month of the alleged seizure in which it has been alleged that recovery of liquor was made from the hut belonging to the petitioner, however there is absolutely no material on record to suggest or to connect that the alleged hut belongs to the petitioner. As such, the petitioner can not be prosecuted for recovery of the alleged liquor from a place which does not belong to the petitioner. Considering the submissions as noticed above and on perusal of the first information report as well as the averments made in the petition as also the materials brought on record, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, Shyam Bihari Manjhi be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, West Champaran, Bettiah, in connection with Excise Case No. 14 of 2007, Trial No. 2676 of 2007, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)