IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46572 of 2009 MAHABIR PRASAD, son of late Parshuram Prasad, resident of Mohalla- Dakhin Tola, Siwan, Police Station- Siwan Town, District- Siwan. … Petitioner. Versus STATE OF BIHAR ----------- 2. 01.02.2010 Heard counsel for the petitioner and counsel for the State. The petitioner apprehends his arrest in connection with 47 (a) of Excise Act. The Counsel for the petitioner has submitted though the petitioner is the owner of such truck in question from which the unauthorised foreign liquor was seized, he has got no concern with such consignment which was infact loaded and was being carried by the Driver of the Vehicle on his own accord. In this context he has referred to the prosecution report where no specific role has been assigned to the petitioner. Considering the aforementioned submissions, the petitioner namely Mahabir Prasad, in the event he would surrender within a period of four weeks from today, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sri 2 Rajesh Kumar Rajak, Judicial Magistrate 1st Class, Chhapra in connection with Excise Case No. 62 of 2009, subject to the conditions as laid down under Section 438 (2) Cr.P.C. It is however made clear that the court below will verify as with regard to criminal antecedent of the petitioner and would grant bail to him only if he has no criminal antecedent. kanchan (Mihir Kumar Jha, J.)