Santosh Kumar v. The State Of Bihar

.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 20-03-2012 Petitioners are apprehending their arrest in a case registered for offences punishable under section 47(A) of the Excise Act. It is alleged that a raid was conducted in the godown of the petitioners and 436 litres of different brands contraband foreign liquor and 141 litres of beer were recovered. It is submitted that seizure was made on 23.7.2011 when the prosecution report was prepared on 9.9.2011 and the same was sent to the court below on 15.9.2011. Hence, the aforesaid discrepancies cloud bonafide of the accused. The order dated 15.9.2011 reflects that while taking cognizance explanation has been asked as under what 2 Patna High Court Cr.Misc. No.8428 of 2012 (2) dt.20-03-2012 circumstances for the seizure dated 23.7.2011, the prosecution report was prepared on 9.9.2011. Let the said order be kept on record. Considering delay in preparation of the prosecution report and discrepancies cloud bonafide of the accused, let petitioners named above be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Case no.C- II/27/11 on furnishing bail bonds of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) sudip/-