IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34890 of 2009 MD.SANJOOR & ORS Versus THE STATE OF BIHAR ----------- 2 26.10.2009 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Petitioners have been made accused in connection with Sakra P.S. Case No. 150/2009 registered under Sections 47(A) of Excise Act, 420, 467,468, 471, 272, 273 of the Indian Penal Code and Section 10 of the Bihar Mollasses Control Act, 1947. Substance of the allegation against the petitioners who are the driver and khalasi of the truck transporting molasses allegedly on forged permits and thus not only violating the provisions of Bihar Mollasses Control Act, 1947, but also punishable for offences under the Indian Penal Code. Learned counsel appearing on behalf of the petitioner draws the attention of this Court towards Bihar Mollasses Control Act, 1947 said to be special enactment governing the field of molasses and with particular reference to Section 9(f) thereof, he submits that the 2 offence is cognizable and bailable. Learned counsel for the petitioners submits that petitioners are driver and khalasi of the truck and plying the truck under the order of the owner of the truck. Learned counsel further submits that no liability can be fastened on the present petitioners for the alleged occurrence as they were carrying out the orders under bonafide belief that the papers were genuine. It is stated that the petitioners are in custody since 13.5.2005 for no fault on their part. Having regard to the facts and circumstances of the case, let the petitioners, Md. Sanjoor and Md. Jamaluddin be enlarged on bail upon each of them furnishing individual bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Sakra P.S. Case No. 150/09. Bibhash (Jyoti Saran, J.)