IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34459 of 2011 Suresh Kumar Sah S/O Jagarnath Sah Village Marwan Bhoj , P.S. Karja , District Muzaffarpur-------Petitioner Versus The State Of Bihar------------------------Opposite party ---------------------------------- 2 24.10.2011 Heard learned counsel for the petitioner and learned APP for the State. Petitioner apprehends arrest in Vaishlai (Belsar O.P) P.S. Case No. 245 dated 28.9.2010 which is G.R Case No. 3639 of 2010. The offence is under section 47A of the Excise Act. Allegation is that on the night of 28.9.2010 while police were on patrolling duty one Tata 407 No. WGB 6556 was flagged down and search was carried out. When the search was being carried out the driver of the vehicle fled away but the search yielded 1200 liters of English liquor of various brands was sized. Petitioner happens to be the owner of the vehicle and it is in the circumstances he is apprehending arrest. Taking into consideration that the recovery was not made from the conscious possession of the petitioner who is only a truck owner and he has indicated that the truck was taken on hire by yet another person, let the petitioner, namely, Suresh Kumar Sah in the event of arrest or surrender within a period of six weeks from today be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali (Belsar O.P) P.S. Case No. 245 of 2010 subject to the conditions laid down under section 438 (2) of the Code of Criminal Procedure. One of the 2 sureties will be executed by the so called father-in-law of the petitioner who has sworn the present affidavit, namely, Binod Kumar Sah and another by his close blood relation on due verification of their identity by the court below. RPS ( Ajay Kumar Tripathi, J.)