IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8811 of 2009 SANGAM PRASAD @ BUDHAN SAH son of Ramjee Sah, resident of village Dhabdhah, P.O.Dhabdhad, P.S.Sasaram(Muffasil) Dist. Rohtas-petitioner Versus THE STATE OF BIHAR----------------Opp.party ----------- 2. 18.4.2009 Heard learned counsel for the petitioner and learned Additional P.P. for the State. The petitioner prays for bail in a case under Section 47A of the Excise Act. The allegation against the petitioner is of recovery of two plastic jars containing total 70 liters of spirit from the Mahendra jeep belonging to the petitioner. Learned counsel for the petitioner submits that the petitioner was not in that jeep and nothing has been recovered from his conscious possession. It is also his case that the jeep was given to another person on rent and thus the petitioner was not at all involved in the illegal carriage of spirit. It is also submitted that the petitioner has remained in jail for nearly four months since 22.12.2008. On a consideration of the facts and circumstances of the case, the petitioner Sangam Prasad alias Budhan Sah is directed to 2 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 the Chief Judicial Magistrate, Rohtas, in Excise Case No. 29/08. (Ramesh Kumar Datta,J.) spal/