IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15468 of 2009 SHYAM LAL SAH Versus STATE OF BIHAR ----------- 2. 29.7.2009 Heard Sri Amit, learned counsel for the petitioner and the learned A.P.P. for the State. Earlier the prayer for bail of this petitioner was rejected twice. The learned counsel pointed out that up till now two seizure witnesses have been examined in the court below and they have not supported the factum of search and seizure. The next contention is that the instructions on investigation of such serious offences issued by the Government of India have not been followed. The seizure witnesses going on hostile does not appear reasonably being treated. As such, a consequence has to have a final affect on the judgement. It is the evidence of the I.O. which has to be scanned and appreciated. Violations of instructions could also be a point of law that could have been considered without the provisions of Sections 41, 42 etc of the Cr.P.C. which are two fundamental provisions on arrest of a person, by a police man or a Gazetted Officer or a public servant. Considering that the petitioner was found in possession of huge quantity of charas, i.e., 6.8 K.G., I do not find it a fit case for grant of bail to the petitioner. Petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )