IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28240 of 2011 Raj Kumar Choudhary @ Raju Choudhary, Son of Sri Ganesh Choudhary. Versus The State Of Bihar ----------- 2 24.08.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case registered for the offence under Section 47 A of the Excise Act. As per allegation leveled in the prosecution report, one Sanjeet Kumar Yadav was found carrying 864 liters of foreign liquor on a pickup van bearing no. BR06J-3794. The police arrested said Sanjeet Kumar Yadav and during course of investigation it transpired that the pickup van on which the said liquor was being carried was owned by the petitioner. Learned counsel for the petitioner submits that he has been made an accused in this case only because he happens to be owner of the pickup van which is a goods carrier and therefore, he is not expected to know as to what articles are being loaded on it. It is also submitted that at times in transit the driver loads goods even without knowledge of the owner. He submits that the case is for the offence under Section 47A of the Excise Act and besides the present case, the petitioner is not accused in any other case. Taking into consideration the aforesaid facts, let the petitioner, namely, Raj Kumar Choudhary @ Raju Choudhary in 2 the event of his arrest or surrender before the court below within a period of four weeks from the date of communication of the order be released on bail on furnishing bail bonds of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Madhubani in connection with G.O. Case No. 165 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Md. Ibrarul ( Ashwani Kumar Singh, J.)