IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25274 of 2009 1. BIHARI SAH @ LAL BIHARI SAH SON OF LATE BHUTA SAH, RESIDENT OF VILLAGE LATMARI, P.S. GAUR, DISTRICT RAUTAHAT (NEPAL), AT PRESENT RESIDING AT KUNDWACHAINPUR, P.S. KUNDWACHAINPUR, DISTRICT EAST CHAMPARAN. 2. ABDUL KHAIR SON OF SAFFIULLAH @ SAMIULLAH, RESIDENT OF LAKSHAMINIA, P.S. GAUR, DISTRICT RAUTAHAT ( NEPAL), AT PRESENT RESIDING AT KUNDWACHAINPUR, P.S. KUNDWACHAINPUR, DISTRICT EAST CHAMPARAN. Versus STATE OF BIHAR ----------- 2/ 01-09-2009 Heard learned counsel for the petitioners and the learned A.P.P. for the State. These two petitioners are in custody since 15.05.2009 in connection with Kundawa Chainpur P.S.Case No.22 of 2009 which was registered under sections 414, 120B/34 of the Indian Penal Code and section 7 of the E.C.Act. The F.I.R. was lodged by the Officer-in-charge when he seized two trucks and three bullock-carts loaded with about 414 bags fertilizers and 15 bags of cement. It is alleged that the goods were carried to Nepal for sale in black market and the petitioners were found to be sitting on one of the bullock-carts. Submission of the learned counsel for the petitioners is that the goods, belonging to the original owner, have already been released in his favour. The petitioners were arrested only because they were present there when the trucks and bullock-carts were being loaded. The petitioners are ready to face the trial if they are released on bail. Looking at the allegations and the circumstances stated above, let the petitioners, namely, Bihari Sah @ Lal Bihari Sah and - 2 - Abdul Khair, be enlarged on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, Sikarhana at Motihari in Kundwa Chainpur P.S.Case No. 22 of 2009 with a condition that one of the sureties will be executed by immediate relations of the petitioners with due identification who shall be Indian citizens and another shall be executed by local Indian resident having evidence of property located in the Indian territory . The petitioner will cooperate with the trial if they are sent up for trial. BTiwary/ ( Ajay Kumar Tripathi, J )