IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22095 of 2010 1. MD.KALAM, Son of Shah Mohammad, resident of Village Haas Nagar, P.S. Motipur, District- Muzaffarpur 2. Md. Naushad, son of Md. Abbas, resident of Village- Bastipur, P.S. Mahuwa, District- Vaishali. Versus STATE OF BIHAR ----------- For the petitioner:- Mr. Ravindra Kumar, Adv. For the State:- Mr. Chandra Bhushan Pd., Adv. -------- 2. 02.07.2010 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners are in custody in connection with Mairwa P.S. Case No. 57 of 2010 for offence punishable under Sections 420, 467, 468, 471 of the Indian Penal Code and Section 47 (A) of the Excise Act. Substance of allegation against the petitioners who are Driver and Khalasi of the seized tanker is of transporting 16,000 liters of rectified spirit without valid papers. Learned counsel for the petitioner submits that none of the charges as set out in the F.I.R. are made out against the petitioners who are merely the driver and khalasi of the said tanker and who upon interrogation, mentioned the name of the tanker owner as well as the business house from where the same was transported as also the destination where 2 the delivery of the rectified spirit was to take place. He further submits that the petitioners have a clean antecedent and have never been implicated in any criminal case and that they have remained in custody since 22.4.2010. Considering the submissions of learned counsel, let the petitioners, namely (1) Md. Kalam and (2) Md. Naushad be released on bail upon each of them furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in connection with Mairwa P.S. Case No. 57 of 2010. Anand Kr. (Jyoti Saran, J.)