IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29562 of 2008 PRAMOD PANDEY & ANR Versus THE STATE OF BIHAR For the Petitioners:- Mr. Baidyanath Thakur, Advocate Mr. Shankar Kr. Thakur, Advocate. For the Respondent:- Mr. C. Jawahar, A.P.P. ----------- 3 4.8.2008 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners have been made accused in this case under Sections 420, 467, 468, 471, 414, 120B of the Indian Penal Code. Learned counsel for the petitioners submits that it is apparent from the seizure-list that the vehicle along with 7815 Liters EFEESOL–H was seized. Learned counsel for the petitioners submits that the vehicle along with 7815 EFEESOL–H was seized by the Police. It is submitted that petitioner No.1 is the driver and petitioner No.2 is the Khalashi of the vehicle. He further submits that while writing Annexure-3, Sub-Inspector of Police has clearly stated he has gone to investigate the matter at Fatehpur and found that assignment was loaded there and it was to reach Sikkim Himalayan, Petroleum Products (P) Ltd. Memring Rangpo, South Sikkim which was confirmed from the company namely F.S. Chemicals Pvt. Ltd. Malwan, Fatehpur, U.P. Learned counsel for the petitioners further submits that due to lack of knowledge of the proper route to Sikkim, by mistake the petitioners came to Darbhanga. Further it has been - 2 - contended in paragraph -8 of this petition that the seized vehicle and petroleum goods loaded therein stand already released by an order dated 27.6.2008. Learned counsel states that there is no complaint against him either by the consignor or by the consignee. Petitioners are in jail custody since 15.3.2008. Learned counsel for the State submits that case has registered under Sections 420,467,468,471,414, 120B of the Indian Penal Code and during course of investigation it has come that some quantity has been sold by the petitioners. In the facts and circumstances of the case, the petitioners namely, Pramod Pandey and Munna Singh, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga in connection with L.N.M.U. P.S. Case No. 38 of 2008. P.K. (Dr. Ravi Ranjan,J.)