IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16395 of 2010 KALIKA RAY, SON OF LATE PITAMBAR RAY R/O VILL. MOHANPUR, P.S. RGHOPUR, DISTT. VAISHALI. Versus THE STATE OF BIHAR ----------- 02. 08.06.2010 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case for the offence under Sections-20, 22 of the N.D.P.S. Act registered on the statement of the police officer who conducted raid at the house of M/s Rajendra Rai, Ravi Rai, Arun Rai and Kalika Ray, the petitioner and recovered Ganja in substantial quantity and arrested M/s Rajendra Rai, Ravi Rai and Arun Rai but petitioner managed to escape. It is submitted on behalf of the petitioner that the man who duped the police party and managed to escape was someone else and not the petitioner Kalika Rai, who resides in some other house and the raided house does not belong to him and statement to that effect has been made by two seizer list witnesses, namely, Punjabi Rai and Sanjeet Rai but ignoring their statement the police officer falsely implicated the petitioner as well. Petitioner is named in the First Information Report as the one who managed to dupe the police officer at the time of raid, in the circumstances, at this stage, I am not inclined to rely on the statement of the seizure list witnesses who are the witnesses of seizure and not the fact whether petitioner managed to escape or not when the police officer states that petitioner 2 duped the raiding party and managed to escape. Such statement has to be accepted for consideration of bail in the event of arrest and in the light of the statement of the police officer this application is rejected. Rajesh/ (V.N.Sinha, J.)