IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13618 of 2009 MD. SHAFIQUE @ SAFOO Versus THE STATE OF BIHAR ----------- 2/ 27/05/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a police case under Sections- 270, 272 of I.P.C. and 47A of Excise Act. The submission is that the allegations are with regard to country-made liquor found in pouches which is certified for sale by the State Government. Sections-270 and 272 of I.P.C. shall, therefore, have no application. With regard to Section-47A of Excise Act, it is submitted that the petitioner is only the owner of the truck. The F.I.R. itself suggests that the liquor belonged to named accused Krishna Mantu. The submission is that the petitioner is not answerable for the user of the truck by those who took it on hire. Having considered the facts and circumstances of the case, let the petitioner above named surrender before the court below within four weeks when he shall be enlarged on anticipatory bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount 2 each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in Rajgir P.S. Case No.6/2009, subject to the conditions laid down under Section- 438(2) Cr.P.C. KC ( Navin Sinha, J.)