IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25080 of 2008 SIDHESHWAR PRASAD Versus STATE OF BIHAR WITH Cr.Misc. No.25450 of 2008 SANJAY KUMAR Versus THE STATE OF BIHAR ----------- 2/ 18.07.2008 Since both the above bail applications have arisen out of one Hilsa P.S. Case No. 174 of 2008 they have been heard together and are being disposed of by this common order. The case under Sections 272, 273 of the Indian Penal Code and Section 47 (A) of the Excise Act has been registered on the basis of written report of Assistant Sub-Inspector of Police, Hilsa in which he alleged that petitioner namely Sanjay Kumar was apprehended while selling spirit. Submission is that Assistant Sub-Inspector of Police, Hilsa is not authorized to investigate the case registered under Section 47 of the Excise Act. Hence the entire investigation on the basis of which the petitioner has been implicated is totally unauthorized and illegal. Considering the facts and circumstances of the case, the petitioners Sidheshwar Prasad (in Cr. Misc. No. 25080 of 2008) and Sanjay Kumar (in Cr. Misc. No. 25450 of 2008) are ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Hilsa, Nalanda in connection with Hilsa P.S. Case No. 174 of 2008. kksinha/ (Shyam Kishore Sharma, J.)