IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12083 of 2009 SUNIL KUMAR @ SUNIL KUMAR SARAF, son of Mahavir Prasad, resident of village Shahebganj Mandi Padrauna, P.S.Padrauna, District Kusi Nagar, at present residing at Mohanpur Road, P.S. and District- Sitamarhi -------------------------------------------------------Petitioner. Versus THE STATE OF BIHAR ----------- 2. 9.4.2009 Heard learned counsel for the petitioner and the State. The submission of learned counsel for the petitioner is that petitioner is not a supplier rather a owner of the truck allegedly which carried the fertilizer where the same was seized. According to the learned counsel, Sub-Inspector, who seized the fertilizer, was not entitled for the same. As such, petitioner’s arrest cannot be justified. I agree with the submission of the learned counsel. Accordingly, in the event of arrest or surrender within one month from today in Barauni( Zero Mile) P.S. case no.344 of 2008, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Begusarai , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )