IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34326 of 2011 ====================================================== Bimlesh Kr. Singh, son of Shri Kesho Singh@ Kesav Singh, resident of village-Muradabad, P.S.-Sasaram, District-Rohtas. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Manan Kumar Mishra Sr. Advocate With Mr. A.K. Pandey, Advocate For the Opposite Party : Mr. Anuj Kumar Shrivastva, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 13-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under Section 47 (a) of the Bihar Excise Act 1915. Learned counsel for the petitioner submits that even according to the prosecution case co-accused Kanhaiya Prasad Sonkar, being the driver of the vehicle in question by which 400 litres of country liquor were allegedly being transported, is said to be the main culprit. It is submitted that petitioner has been arraigned in the category of accused only because of the fact that he happens to be the owner of the vehicle in question, but there is 2 no material to show that petitioner was either present at the time of occurrence or was the occupant of vehicle in question, when it was intercepted. He further submits that whatever allegations are there that can be attributed only against the co-accused Kanhaiya Prasad Sonkar and not against the petitioner. Be that as it may, in the facts and circumstances of the case, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, the above named petitioner is directed to be released on bail, on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each in connection with Excise Case No. 34 of 2011 to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Devendra /- (Birendra Prasad Verma, J)