IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2302 of 2011 1. BINOD KUMAR CHOUDHARY S/O SRI ARJUN LAL CHAUDHARY R/O VILLAGE- GERABARI, P.S.- KORHA, DISTRICT- KATIHAR. 2. SAILENDRA KUMAR PASWAN S/O LATE SARJU PASWAN, R/O KORATHBARI, P.S.- K. HAT, DISTRICT- PURNEA Versus THE STATE OF BIHAR ----------- 2. 22.02.2011 Heard counsels for the petitioners and the State. The petitioners being driver and owner of the vehicle, are apprehending their arrest in a case under Section 272, 273/34 of the Indian Penal Code and 47 (A) (F) of Excise Act read with 13 (F)/ 48 G of Bihar State Mahua Flower Rule 2 (E)/3/5 (5)/18. It is submitted by the learned counsel for the petitioners that seized article does not belong to the petitioners as one of the petitioners being the owner of the vehicle was not aware of the article being transported whereas the other petitioner is simply alleged to be the driver of the carrier. The recovery is from the house of Naresh Choudhary and the petitioners have not been apprehended on spot. The statement has been made in the petition that the petitioners have no criminal antecedents. Considering the aforesaid facts, let the petitioners above named, be released on anticipatory 2 bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Korha P.S. Case No. 165/2010 on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. S.Ali/ Fahad. ( Dinesh Kumar Singh, J.)