IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.216 OF 2009 HEMANT KUMAR, SON OF LATE KHUB LAL RAM @ CHOTKU PATWA, RESIDENT OF MOHALLA PATWA TOLI, MANPUR, POLICE STATION BUNIYADGANJ, DISTRICT GAYA VERSUS STATE OF BIHAR ********* 2 10.02.2009 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is an accused in a case under Sections 47A & 47F of the Excise Act. Learned Counsel for the petitioner submits that although the allegation is that four tins of Dalda were buried under the ground and when the prosecution party went to recover them, all the four tins overturned and the contents were spilt. It is submitted that in view of the aforesaid facts, there can be no allegation with respect to the amount of the illicit liquor or the sanctity of the recovery. Be that as it may, the petitioner Hemant Kumar is directed to be released on anticipatory bail in the event of arrest/surrender before the Court below in Excise Case No. 94 of 2008 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J. ) - 2 -