IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10243 of 2009 TARKESHWAR SAH Versus STATE OF BIHAR ----------- 4 16.10.2009 Heard learned counsel for the petitioner and the State. Kerosene oil more than storage limit has been found from Max vehicle, standing near the house of the petitioner. Some gallons were also found there and processing was there to fill those gallons. Owner of the vehicle has already been allowed anticipatory bail by a Bench of this Court. The prayer for anticipatory bail is sought on the ground of petitioner’s standing on the footing of owner of the vehicle only but I find no similarity as vehicle was on the control of the driver which was standing near the house of one Raghunandan Sah, while recovery of 70 liters of kerosene oil is found from house of petitioner. Prayer for anticipatory bail is rejected. However, petitioner is directed to surrender in the court of Chief Judicial Magistrate, Bhojpur in Barahara P.S.Case No. - 2 - 217 of 2008 within a period of four weeks from the date of its communication and seek for regular bail which shall be decided under the observation made above without being prejudiced by the present order of rejection. (Mandhata Singh,J.) AI