Rajendra Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27679 of 2017 Arising Out of PS.Case No. -322 Year- 2009 Thana -BHAGHA District- WEST CHAMPARAN(BETTIAH) ======================================================

1. Rajendra Yadav, son of Vishwanath Yadav, Resident of VillagePiparapatti, Police Station- Dhanaha, District- West Champaran.

2. Malhu Sah, Son of Hari Sah, Resident of Village- Sastri Nagar, Police Station Bagaha, District- West Champaran.

3. Bandhu Yadav, Son of Bindeshwari Yadav, Resident of Village- Tandi Tola, Police Station- Bagaha, District- West Champaran.

4. Heeralal Yadav, Son of Shyam Rai, Resident of Village- Tandi Tola, Police Station- Bagaha, District- West Champaran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-07-2017 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Trial No.45 of 2012 arising out of Bagaha P.S. Case No.322 of 2009 for allegedly having committed the offence under Section 22 of the N.D.P.S. Act. Learned counsel for the petitioners submits that the petitioners' name have surfaced in the F.I.R. only on account of the confessional statement made by one Raj Kishore Singh, who was arrested from the place of occurrence where the

Patna High Court Cr.Misc. No.27679 of 2017 (2) dt.14-07-2017 2/2 alleged items were seized. It is further submitted that in all, names of eleven persons have been taken and the case was registered under Section 22 of the N.D.P.S. Act.

Considering the fact that the names of the petitioners have surfaced on the confessional statement of co-accused person and there is no recovery from the possession of the petitioners and also because now the two main accused persons from whom recovery have been made, have been granted regular bail, let all the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of `10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 6th Additional District Judge, Bettiah, West Champaran, in connection with Trial No.45 of 2012 arising out of Bagaha P.S. Case No.

322 of 2009, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T