IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8821 of 2009 SONI KUMAR Versus STATE OF BIHAR ----------- Cr.Misc. No.9885 of 2009 SUJIT KUMAR Versus STATE OF BIHAR ----------- For the petitioner : M/s D.K.Sinha, Sr. Advocate & (in both cases) Anil Kumar, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. (in both cases) ------- 2 08.05.2009 Cr.Misc. No.8821 of 2009 preferred by SONI KUMAR and Cr.Misc. No. 9885 of 2009 preferred by SUJIT KUMAR have been taken up together as they arise out of the same Soh Sarai P.S. Case No. 9 of 2009, having been heard together are being disposed of by this common order. The petitioners are in custody when a Maruti Van being driven by petitioner Sujit Kumar was apprehended and as much as 320 litres of spirit were recovered from the van. The stand taken by petitioner Sujit Kumar is that he was returning from Biharsharif Sadar Hospital after dropping a patient and enroute at Soh Sarai somebody approached him and wanted to load 8 jerrycans in the van and even as he refused, the police arrived and seized those jerrycans containing spirit. So far petitioner Soni Kumar is concerned he claims to have taken a lift in the van which was purportedly returning to Harnaut. 2 In view of the facts and circumstances of the case the prayer for bail on behalf of Sujit Kumar, driver of the van in question, is rejected at present. He may renew his prayer for bail after six months. Petitioner SONI KUMAR is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Soh Sarai P.S. Case No. 9 of 2009. Spd/- (Abhijit Sinha, J.)