IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50241 of 2008 KAMLESH YADAV S/o Shiv Balak Yadav, Resident of Village- Murarchak, P.S. Khizarsarai, District- Gaya ---------------- Petitioner Versus STATE OF BIHAR ----------------- Opposite Party ----------- 2. 20.1.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is an accused in a case under Section 47 (A) of the Excise Act. Learned counsel for the petitioner submits that mahua was not recovered from the petitioner’s possession. In fact it is only on the basis of conjecture that the petitioner has been made accused in this case. It is further submitted that punishment under Section 47(A) for the first offence is for a period of not less than three months. In the circumstances, the petitioner should surrender before the Chief Judicial Magistrate, Gaya in connection with Excise Case No. 208/2007 within a period of four weeks. The Chief Judicial Magistrate should dispose of the bail application of the petitioner within a week. P. Kumar (Sheema Ali Khan, J.)