IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41793 of 2008 GHOGHAL YADAV @ BIBEK KUMAR YADAV Versus THE STATE OF BIHAR ----------- 3. 12.01.2009 Heard Sri Binay Kumar Bineet, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. As regards the story of seizure on search of the cattle shed jointly in possession of the present petitioner Ghoghal Yadav and co-accused Pandav Yadav and seizure of a country made pistol with some other articles including a cellular phone. The contention is that the articles other than the arms were common articles which have not been identified as properties of theft. As regards the recovery of the arms, the contention is that the police itself is not certain whether it could be of this petitioner or of co-accused Pandav Yadav. The further contention is that the place was quite open accessable to all and sundry. Regard being had to the facts and circumstances, let petitioner Ghoghal Yadav @ Bibek Kumar Yadav be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to - 2 - the satisfaction of Sessions Judge, Khagaria in connection with Sessions Case No. 507 of 2008 arising out of Chautham P.S. Case No. 23 of 2008. DKS/ (Dharnidhar Jha, J.)