IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6336 of 2009 SABUL@ MD.SHAKIL @ MD.SHAKIL AHAMAD Versus STATE OF BIHAR ----------- Cr.Misc. No.15774 of 2009 MD.NASIR @ MD. NASIRUDDIN Versus STATE OF BIHAR ----------- 2. 26.05.2009 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend arrest in a Police case under Section 47A of the Excise Act and Sections 272, 273, 34 of the Penal Code. The submission is that the petitioner in Cr. Misc. No. 6336 of 2009 is the brother of the owner of the Truck and petitioner in Cr. Misc. No. 15774 of 2009 is owner of the Truck. They are not answerable for the wrongs done by the driver of the Truck, who has allegedly been apprehended with illicit liquor and stated that the money recovered from him belonged to the petitioners. Let the petitioners, abovenamed surrender in the court below within a period of four weeks from today, when they shall be enlarged on provisional anticipatory bail for a period of four weeks on furnishing bail bonds of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Nalanda at Biharsharif in Soh Sarai P.S. case No. 10 of 2009, subject to the conditions laid down 2 under Section 438(2) Cr.P.C. On the date the petitioners surrender, a report with regard to their antecedents shall be called for. If the antecedents report is in negative, the provisional bail shall be confirmed. If the antecedents report reveals that the petitioners have antecedents, the provisional bail shall stand cancelled, when the petitioners have to be taken into custody and shall seek regular bail. AKS/ (Navin Sinha, J.)