IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39153 of 2009 VINAY KUMAR RAI Versus STATE OF BIHAR ----------- 2. 6.1.2010 Heard. There is wrong record of fact made by the learned Sessions Judge, Samastipur, that 150 sachets, each containing 400 ml. of country made liquor, were recovered from the petitioner. In fact, the F.I.R. does not contain any such statement. What is alleged against the petitioner is that the man who was found in possession of the sachets of country made liquor stated to the police that it was this petitioner who had handed it over to him for carrying it to a particular place and the petitioner was himself following him by a motorcycle. The contention of the petitioner is that he is a cloth merchant and does not bear any history of indulging in criminal activities. Considering the allegation from the mouth of the co-accused against whom the petitioner has not been able to point out any 2 animosity, the Court directs the petitioner to surrender before the court below and pray for regular bail which shall consider the fact that there has not been any recovery from the petitioner and shall proceed to dispose it of on the day he surrenders and makes a prayer for bail without any prejudice towards filing of this anticipatory bail petition before this court. The petition is disposed of with the above direction. Let this order be communicated to the Chief Judicial Magistrate, Samastipur, in Samastipur(Town) P.S.Case No.263 of 2009, through fax at the cost of the petitioner. Kanth ( Dharnidhar Jha, J.)