IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22777 of 2011 ====================================================== Yugesh Paswan, son of Raj Kumar Paswan, resident of village-Gardiha, P.S. Rafiganj, District-Aurangabad. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. B. J. Ojha, Advocate For the Opposite Party : Mr. Md. Arif, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 14-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under Section 272/414 of the Indian Penal Code as also under Section 47(a) of the Bihar Excise Act, 1915. Learned counsel for the petitioner submits that as a matter of fact the premises in question from where the country liquor and other equipments have been seized, does not belong to the petitioner and the persons who are either owner of the house in question or instrumental for manufacturing the country liquor have not been made accused and instead the petitioner has been made an accused merely on suspicion. Learned counsel for the State has strongly opposed the prayer for anticipatory bail made on behalf of the petitioner. It is 2 submitted that from the materials available on record it is apparent that the petitioner is not only the seller, rather he is manufacturer of country liquor, and several manufacturing equipments have been seized from the place of occurrence. In view of nature of allegations, this court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. It is accordingly rejected. The petitioner is hereby directed to surrender in the court below within a period of four weeks from today, in connection with Rafiganj P.S. Case No. 54 of 2011 pending in the court of the learned Chief Judicial Magistrate, Aurangabad and if so advised, seek regular bail, which shall be considered on its own merit without being prejudiced by the present order. Devendra/- (Birendra Prasad Verma, J)