IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42401 of 2010 UNAY KUMAR SINGH, SON OF LATE RAJDEO SINGH, RESIDENT OF VILLAGE ANANDUWA, P.S. NABINAGAR, DISTRICT AURANGABD. Versus THE STATE OF BIHAR . ----------- 02. 26.03.2011 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with Excise Case No.26 of 2010 registered for the offence under Section-47(A) of the Excise Act as it is said that 2340 liters of Beer in 300 cartoons were recovered from his shop which is situate in Awadhesh Singh Market near bus stand, Nabinagar. It is submitted on behalf of the petitioner that he is a villager who resides in village Ananduwa within Nabinagar police station and has no connection with the shop situate in Awadhesh Singh Market, Nabinagar, wherefrom aforesaid beer bottles were recovered. Let petitioner named above appear in the court of Chief Judicial Magistrate, Aurangabad in connection with Excise Case No.26 of 2010 within four weeks from the date of receipt of this order in the court below and the court below should issue notice to the owner of Awadhesh Singh Market and confirm from him about the occupation of the shop from which the beer bottles were recovered. In the event, it is confirmed by the owner of the market that the shop was let out to the petitioner appropriate orders be passed by the court below. Until 2 confirmation of the aforesaid fact, no coercive steps be taken against the petitioner. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Rajesh/ ( V.N. Sinha, J.)