IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12043 of 2010 1. BIRENDRA PRASAD SON OF VISHWANATH PRASAD, RESIDENT OF VILLAGE NAWALPUR, P.S. NAWALPUR, DISTRICT WEST CHAMPARAN. 2. CHANDRABHUSHAN YADAV SON OF MAHANTH YADAV, RESIDENT OF VILLAGE BAKAHI, P.S. JOGAPATTI, DISTRICT WEST CHAMPARAN. --- PETITIONERS. Versus STATE OF BIHAR-- OPP. PARTY. ----------- 2/ 03.05.2010 Heard the parties. In a criminal prosecution for offence under sections 272 and 273/34 of the Indian Penal Code as also section 47(A) of the Excise Act, 1915, there is allegation of recovery of 2280 liters of country-made liquor, besides huge quantity of foreign liquor from the shop of the petitioners. Besides that other equipments were also found there, which is apparent from the seizure list. Learned counsel for the petitioners submits that as a matter of fact one Ram Swarup Yadav is the owner of the house in question and there are contradictions in the F.I.R. and seizure list as to whether shop in question belonged to the petitioner no.1 or petitioner no 2. Be that as it may, in view of the seizure of the huge quantity of country made liquor as also foreign liquor, for which admittedly the petitioners had no valid licence, their prayer for anticipatory bail is rejected. They must surrender in the court below in connection with Choutarwa ( Bathwaria ) P.S. Case No. 42 of 2010, within a - 2 - periof of four weeks from today and, if so advised, seek regular bail which shall be considered and disposed of on its own merit without being prejudiced by the present order. ( Birendra Prasad Verma, J ) BTiwary/