IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.18920 of 2009 UMESH SAHNI, S/o Yogendra Sahni, R/o Vill.- Ramutola Dadhiya Aaghar, P.S. Angar Ghat, Distt – Samastipur ………………………….…. Petitioner Versus THE STATE OF BIHAR …….…………. Opposite Party. ----------- For the petitioner:- Mr. Vikram Deo Singh, Advocate. For the State:- Mr. J.S.P. Singh, A.P.P. ----------- 2. 27.05.2009. Heard learned counsel for the petitioner and learned A.P.P. for the State. Petitioner has been made accused in Barauni Rail P.S. Case No. 05/08 registered under Sections 328/34 of the Indian Penal Code and Section 20 of N.D.P.S. Act. Three persons, namely, Dinesh Sharma, Bambam Sahni and Subodh Sahni were apprehended with some tablets and other incriminating materials from the spot. The allegation in the F.I.R. is that they were alluring the people to board the vehicle so that they could administer drugs to make them unconscious with the purpose to rob them off. Those three persons named few other persons including the petitioner to be involved in the crime, thus, they were also named in the F.I.R. Learned counsel for the petitioner submits 2 that the ingredients of Section 328 I.P.C. etc. are not made out against the petitioner. Nothing has been recovered from the possession of the petitioner and merely on the basis of the confession of those three accused persons; the petitioner has been falsely implicated in this case. It is further submitted that one of the accused persons, who were apprehended, namely, Bambam Sahni has been granted bail by a Bench of this Court vide order dt. 31.07.2008 passed in Cr. Misc. No. 27405/2008. Learned counsel produces the certified copy of the aforesaid order. Let it be kept on record. Petitioner is stated to be in jail custody since 14.3.2009. Considering the facts and circumstances of the case, the petitioner, namely, Umesh Sahni directed to be released on bail on his furnishing bond in the sum of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge 1st – cum – Spl. Judge, Begusari in N.D.P.S. Case No.03/08, arising out of Barauni Rail P.S. Case No. 05/08. dk ( Dr. Ravi Ranjan, J. )