IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25125 of 2010 BINOD SAH Versus STATE OF BIHAR ----------- 2 06.08.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Musrigharai P.S. Case No. 21 of 2010 for offences punishable under Section 47(A) of the Bihar Excise Act, 1915. Substance of allegation against the petitioner is of recovery of 400 litres of spirit from the pick-up van which he was driving. Learned counsel for the petitioner with reference to the allegation set out in the F.I.R. submits that the informant himself has accepted that upon search being made in the pick-up van, he came across a car diary and in which the name of the owner of the van was mentioned as Rambhajan Sah Mogal Chouk Mohiuddin Nagar together with the name of the driver i.e. the present petitioner. It is further alleged that one voucher was also found in which it was mentioned that the drums of - 2 - spirit was to be delivered to one Sant Ram Choudhary of Mohiuddin Nagar by one Kamlesh for a payment of Rs. 3000/-. He thus submits that the petitioner simply on being the driver of the vehicle from where the alleged recovery was made, has been roped in the present case. He further submits that the petitioner having a clean antecedent, has remained in custody since 13.5.2010. Considering the circumstances and the submissions of learned counsel, let the petitioner namely, Binod Sah be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Musrigharai P.S. Case No. 21 of 2010. Bibhash (Jyoti Saran, J.)