IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30127 of 2010 HARI KISHAN AGARWAL @ HARI KRISHNA AGARWAL son of Sri Poonam Chandra Agrawal R.O B.S.P co- operative Society Near Bharat Petrol Pump, Bhilai, P.S. Bhilai, Dist-Durg State, Chattisgarh. Versus STATE OF BIHAR ----------- 3 7.2.2011 Heard learned counsel for the parties. Petitioner is owner of the tanker from which spirit is recovered, part of the tanker was empty. Submission of the learned counsel for the petitioner is that though he is owner of transport company and truck but spirit was sent by him under valid permit for Bilaspur, on way either the truck was looted by miscreants or driver of the truck himself sold part thereof somewhere, While the seizure was made and he has already allowed bail by the trial Court though under Section 167(2) Cr. P.C Taking that into consideration, in the even of arrest or surrender within one month from the date of communication of this order, the above named petitioner shall be released on bail on furnishing bail bond of 2 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate (west) Muzaffarpur in C” Case No. 06 of 2009 subject to the condition laid down under section 438(2) Cr. P.C. Prakash (Mandhata Singh, J.)