IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26128 of 2008 BULAKI RAM KAHAR s/o. late Ganesh Kahar, r/o. Mohalla Mobarakganj, P.S. Sasaram(T), District- Rohtas ---- Petitioner. Versus THE STATE OF BIHAR--- O.P. ----------- 3 22.10.2008 The F.I.R. of the case was lodged under Sections 21, 23,25, 25A, 27A, 29, 30 & 32B of N.D.P.S. Act, Section 47A of Excise Act as well as Section 25(1- B)A, 26 & 35 of the Arms Act regarding an occurrence of recovery of Narcotic substance and arms and ammunitions from the possession of the F.I.R. named accused persons. The petitioner is not named in the F.I.R. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. nor he was arrested at the spot nor there is recovery of any incriminating material from his possession. Referring Para-56 of the case-diary, the learned counsel also submits that the I.O. has mentioned that on the date of occurrence the petitioner was in custody in connection with some other case. Further referring para-119 of the case-diary, learned counsel submits that the petitioner has been implicated on the suspicion that he was earlier engaged in the trade of heroin. Learned counsel submits that there is 2 no material to show that the petitioner was involved in the occurrence. Mr. Dinesh Singh, the learned Addl.P.P. does not dispute the above materials as pointed out by the petitioner’s counsel from the case-diary. He does not point out any other material against the petitioner. In the facts and circumstances, petitioner named above is admitted to bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Rohtas at Sasaram in connection with Sasaram (T) P.S. Case No.314 of 2004. Mkr. (C.M. Prasad, J.)