IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8634 of 2010 JAY NATH RAY,son of Nand Kumar Rai, resident of village-Awari Pankha,P.O.- Awari,P.S.-Marhaura,District-Saran at Chapra. .. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- 02/ 20-04-2010 Heard the parties. Petitioner apprehends his arrest in connection with Excise Case No.110 of 2009, corresponding to Trial No.995 of 2010, registered for the offence under Section 47(a) of the Bihar Excise Act. It is submitted by the learned counsel for the petitioner that he is not named in the FIR/prosecution report vide Aneexure- 1 as an accused. Even in course of investigation only material against the petitioner has surfaced that he is the owner of the truck in question, by which 3,000 litres of liquor/sprit were being carried. By referring to prosecution report vide Annexure-1, he submits that the driver of the vehicle was arrested on the spot and he admitted his guilt, but there also even name of the petitioner was not disclosed by the apprehended accused. It is further submitted that the petitioner is neither the manufacturer, nor the owner of the seized article. Learned counsel for the State though has opposed the prayer for anticipatory bail, but has not disputed the aforesaid factual position. In that view of the matter, in the event of 2 arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sunil Kumar, Judicial Magistrate, Ist Class, Saran at Chapra, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)