IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12901 of 2008 MD.WAKIL @ WAKIL Versus STATE OF BIHAR With Cr. Misc. no.19177 of 2008 Akhilesh Kumar @ Fulan Pandey Versus STATE OF BIHAR ------- 3. 6.8.2008 Heard. Two petitions arise out of Sasaram (Town) P.S. case no.314 of 2004. The case relates to recovery of huge quantity of Heroine and some cash constituted by Indian and foreign currencies. Recoveries were also of arms. As regards petitioner Md. Wakil @ Wakil, at his pointing 8 kg. Heroine was recovered from a particular part of the house, considering which prayer for bail of Md. Wakil @ Wakil is dismissed. As regards prayer for bail of Akhilesh Kumar @ Fulan Pandey, he is not named in the F.I.R. and subsequently he has been implicated on the statement of co-accused. The petitioner surrendered to the custody of the court and the court below has dismissed the prayer on the premise that he has been implicated in the confessional stratement of the co-accused. The fact remains that the confessional statement recorded in paragraph-143 of the case diary is that of Md. Wakil, whose prayer has just been dismissed, who stated that the petitioner Fulan Pandey along with others, who are residing in different parts of the township of Sasaram, were some of the topmost dealers in Heroine and other narcotic substance. Thus, it is contended - 2 - that this statement also does not indicate that any part of the recovered psychotropic substance had any concern with the petitioner Akhilesh Kumar @ Fulan Pandey and , as such, could not be utilized against him. Regard being had to the specific fact that confession of the petitioner Md. Wakil does not lead to anywhere, let petitioner Akhilesh Kumar @ Fulan Pandey be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the District and Sessions Judge, Rohtas at Sasaram in connection with Sasaram (Town) P.S. case no.314 of 2004. sudip ( Dharnidhar Jha, J )