IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32292 of 2008 BIPIN SAH, SON OF MUNILAL SAH, RESIDENT OF VILLAGE- PARSATHUA, P.S.-KOCHAS, DISTRICT- ROHTAS. Versus THE STATE OF BIHAR ----------- 2 21.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Section 47(a) of the Bihar Excise Act. It is said that the some elicit wine and foreign liquor were recovered from the premises of the petitioner. Petitioner has not been apprehended at the spot. It is submitted by learned counsel for the petitioner that no recovery was made from the premises of the petitioner. He submits that from the seizure list it is apparent that the seizure list witnesses belong to different village which creates doubt with regard to genuineness of the seizure. Petitioner is in custody since 23.6.2008 and it is also said that except another case of the Excise Act in which the petitioner was made accused on the same day, there is no other case against the petitioner. Petitioner has been granted bail in the said other Excise Act case. 2 In view of the submissions of learned counsel for the petitioner, this application is allowed. Let petitioner, namely, Bipin Sah be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Excise Case No. 39/06, Tr. No. 2140/08. Arvind/ ( J. N. Singh , J. )