IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6101 of 2011 SAJAN SAHNI, S/O TETAR SAHNI, R/O VILLAGE GORIYARI, P.S. BAKHRI, DISTRICT BEGUSARAI .. PETITIONER Versus THE STATE OF BIHAR .. OPPOSITE PARTY **** /2/ 26 March 2011 Heard the counsel for the parties. 2. This is an application for grant of anticipatory bail for offence under Section 47(A) of the Excise Act with regard to the recovery of 70 liters of country made liquor from the house of this petitioner. The learned counsel for the petitioner submits that first information report has been lodged showing Section 47(A) of the Excise Act, but, Section 47(a) of the Excise Act is applicable and there is minimum punishment, in the proviso, is three months and, hence, it is a bailable offence. It has, further, been contended that there is no compliance of Section 100 of the Criminal Procedure Code and the seizure list has not been signed either by the petitioner or any of the family members, but, the seizure list mentions the case number. Section 47(a) of the Excise Act is with regard to possession of the country made liquor and the 2 maximum punishment prescribed is three years, hence, the submission that it is a bailable offence is not sustainable and, further, non-compliance of Section 100 of the Criminal Procedure Code is a matter of trial and not at this stage. The first information report and the seizure have been made by the Officer-in-Charge, who is authorized under the Excise Act. Having regard to the fact and submission, I am not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail is rejected. However, only 70 liters have been recovered from the house of the petitioner, if he surrenders and prays for regular bail that may be considered on it’s own merit, without being prejudiced of this order preferably on the same day. S.A. ( Gopal Prasad, J.)