IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16951 of 2009 LAKSHMAN SAO Versus STATE OF BIHAR ----------- 2 15/5/2009 Heard counsel for the petitioner and counsel for the State. Allegation against the petitioner is of being in possession of 10 quintals of coal on his tempo. The petitioner claims that he was merely a driver and the consignment of coal was made by some other person, namely, Pintu Kumar. Considering the aforementioned fact that there is no restriction on the storage and sale of coal and the authorities of the railways have not filed any case alleging theft of coal either by Pintu Kumar or by the petitioner, this Court is inclined to grant bail to the petitioner provided the petitioner has got no criminal antecedent. That being so, if the petitioner, namely, Lakshman Sao would surrender in the court below within a period of four weeks from today, the court below shall verify criminal antecedent of the petitioner and if it would find that that he has got no criminal antecedent he would release the petitioner on bail on his furnishing bail bond of Rs. 10,000/- ( Ten thousand ) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in Muffasil P.S. Case No. 209 of 2008/ G.R. No. 2659 of 2008, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. Abhay Kumar (Mihir Kumar Jha, J.)