IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43296 of 2010 1.JITENDRA PRASAD, SON OF VISHWANATH PRASAD, RESIDENT OF VILLAGE NAWALPUR, P.S. JOGAPATTI, DISTRICT WEST CHAMPARAN 2.ANIRUDH YADAV, SON OF MANDAL YADAV, RESIDENT OF VILLAGE GOLAGHAT, P.S. JOGAPATTI, DIST WEST CHAMPARAN-----PETITIONERS Versus THE STATE OF BIHAR---------------------------------------------------OPP.PARTY ----------- 2. 26.3.2011 Heard learned counsel for the petitioners. No one appears for the State. The petitioners pray for anticipatory bail in a case under Section 47-A of the Bihar Excise Act. The allegation in the prosecution report is that in the raid conducted by the raiding party, 4000 litres of illegal spirit kept in 20 drums of 200 litres each as also machine for making sachet, buckets and poly film were also seized. Learned counsel for the petitioners submits that there is nothing to connect the petitioners with the illegal spirit which has been seized. Seizure was not made from the land of the petitioners nor they were present at the spot and only on the basis of certain alleged statements of people living in the area the petitioners have been falsely implicated. It is further submitted that petitioner No.1 is the elected Chairman of Primary Agriculture Co-operative Society and petitioner No.2 is his friend and both had actively 2 campaigned in the election and have accordingly been victimized by false implication due to politics. It is also submitted by learned counsel that two other accused persons, namely, Murari Prasad and Hari Narain Prasad, against whom similar allegations have been made, have been granted anticipatory bail by this Court today (26.3.2011) in Cr.Misc.No. 42902 of 2010. On a consideration of the facts and circumstances of the case, it is directed that the petitioners, namely, Jitendra Prasad and Anirudh Yadav, in the event of their arrest/surrender within a period of four weeks from today, shall be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Sri Ravindra Singh, Judicial Magistrate, West Champaran at Bettiah, in connection with Trial No. 2490 of 2010, arising out of Excise Case No. 3 of 2010, subject to the other conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ramesh Kumar Datta,J.) Spal/