IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2856 of 2011 GOPAL THAKUR Versus THE STATE OF BIHAR ----------- 2. 10.02.2011. Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Section 47(A) of the Excise Act. The driver of the Ambassador Car confessed that one Gopal Singh has entrusted him spirit to reach the same to Hardware shop of Arun Thakur. Learned counsel for the petitioner submits that Section 47A of the Excise Act is not attracted in this case as there is no allegation that the spirit was for consumption purpose and as the spirit was being sent to the Hardware shop which is used for the house furnishing purposes. It is further submitted that in the police report it was mentioned that the spirit belonged to Gopal Singh whereas the petitioner’s name is Gopal Thakur. However, Annexure-2 was filed to suggest that Gopal Singh and Gopal Thakur is one and same person. Considering the fact that recovery has not been made from possession of petitioner and the petitioner’s name subsequently sprang up on the statement of co-accused, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with G.O.(Exise)Case No. - 2 - 44 of 2010 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, Darbhanga, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. U.K. (Dinesh Kumar Singh,J)