IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1831 of 2010 KARI SINGH, son of Late Bishundeo Singh, Resident of village Saroja, P.S. Bakhtiyarpur (Balwa Hat O.P.), District Saharsa Versus STATE OF BIHAR ----------- 2. 22.2.2010 Heard counsel for the petitioner and the counsel for the State. The petitioner facing prosecution for offence under section 47A of the Excise Act has his defence that though 12 filled in bottles of bear recovered with 70 empty bottles and 4 cartoons of King Cobra of foreign liquor from his Ice factory, they were part of the consignment which was allegedly used for a Barat said to have stayed in his ice factory, this much becomes clear that the petitioner is neither a licensee nor has produced the purchase memo of such huge consignment of foreign liquor. It would thus be difficult for this Court to grant anticipatory bail by accepting the defence plea at this stage specially when the consignment of used and unused bottles of foreign liquor has been recovered from an ice factory having a close proximity of its being unauthorisedly used and/or sold by the petitioner. That being so, this Court is not 2 inclined to grant anticipatory bail to the petitioner. However, refusal of anticipatory bail to the petitioner will not come in his way of consideration of his prayer for regular bail and the court below would dispose of such prayer of the petitioner after taking into account that the petitioner claims to have no criminal antecedent and is the first offender for violation of the provision of Section 47a of the Excise Act. With the aforementioned observation/direction this application is accordingly dismissed. (Mihir Kumar Jha,J.) Surendra/