IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2353 of 2010 MITHU SAH, son of Nihora Sah but wrongly stated in F.IR. as Fakira Sah, resident of Village- Bahilwara, P.S.- Saraiya, District- Muzaffarpur… petitioner. Versus STATE OF BIHAR ----------- 2. 26.02.2010 Heard counsel for the petitioner and counsel for the State. While pressing the prayer for anticipatory bail of the petitioner for an offence under Section 47 A of the Excise Act, counsel for the petitioner has submitted that the entire alleged search and seizure showing recovery of 10.5 litres of foreign liquor would not inspire any confidence inasmuch as the seizure list does not contain signature of any person even when the premises in question is a dense locality. Counsel for the petitioner has further submited that the petitioner being aged about 75 years has got no criminal antecedent and in fact he is the first offender in terms of offence under Excise Act. Considering the aforesaid submissions, this Court is inclined to grant anticipatory bail to the petitioner. That being so, if the petitioner namely, Mithu Sah would surrender within a period of four weeks from 2 today, the court below on being satisfied that the petitioner has got no criminal antecedent would release him on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Lal Bahadur, J. M., Ist Class, Muzaffarpur in connection with Complaint Case No. 123/05, subject to the conditions as laid down under Section 438(2) Cr.P.C. It is however made clear that the petitioner shall give a written undertaking that if he would now be found to be made accused in any case under Excise Act, his present bail shall also stand cancelled. kanchan (Mihir Kumar Jha, J.)