IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12850 of 2008 RAM BRIKSHA PANDEY Versus STATE OF BIHAR ----------- 2 06.05.2008 Heard the learned counsels for the petitioner and the State. The petitioner apprehends arrest in C.II Case No. 35 of 2006 ( Trial No. 2124 of 2008 ) registered under sections 47A of the Excise Act. It has been submitted on behalf of the petitioner that it is not in dispute that he was a licensee to sell the liquor right from 2003 however his license was cancelled along with other licensees on the ground that they failed to lift the required quota of liquor as per the terms of license vide the letter contained in memo no. 740 dated 17.10.2003 which has been the subject matter of civil suit vide Title Suit No. 382 of 2003. It is further submitted that this petitioner had informed the concerned authorities of the Excise Department that since the brand of liquor was being sold in open market and as such they could not afford to lift the liquor as per the quantity mentioned in the license which according to them could not be commercially viable. As regard the criminal case in question it has been submitted that as per the seizure list (Annexure-1) it appears that 140 lts. of liquor is alleged to have been recovered from the house of the petitioner, however on further perusal it would appear that there is no signature of either this petitioner or any of his family members as the witness of recovery. Learned counsel submits that as a matter of fact the present criminal case has been filed merely to compel this petitioner to - 2 - withdraw the title suit assailing the order for suspension of license. Therefore, in the circumstances, it is submitted that the petitioner being the man of integrity and having no criminal antecedent deserves to be granted the privilege of anticipatory bail. Learned Addl. P.P. appearing on behalf of the State on the other hand opposes the prayer for bail, however he is not in position to refute the submissions advanced on behalf of the petitioners. Having considered the submissions and on perusal of the allegations made in the F.I.R. and 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, Ram Briksha Pandey be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Siwan in connection with C.II Case No. 35 of 2006 (Tr. No. 2124 of 2008 ) subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)