IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9324 of 2011 BINDESHWAR MANJHI, Son of Manki Manjhi Versus THE STATE OF BIHAR ----------- 2. 13.04.2011 Heard the learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Section 47(A) of Excise Act. It is alleged that 15 liters of illicit wine and 170 Kg. of Jawa Mahua were recovered from the house of the petitioner. It is submitted by learned counsel for the petitioner that from the prosecution report, it is apparent that the petitioner was not present at the place of seizure and no recovery of Mahua has been made as it is admitted by the informant that the Mahua was not collectable. It appears from prosecution report that the seizure was made on 05.10.2008 whereas the prosecution report was received by learned Chief Judicial Magistrate, on 16.10.2008. The delay in transmitting the prosecution 2 report to the learned court below, clouds the bona fide of the accusation. Considering the aforesaid facts, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Excise Case No. 38/2008, subject to the conditions as laid down under Section 438(2) Cr.P.C. Nitesh/-Amrendra (Dinesh Kumar Singh, J.)