IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25103 of 2009 RAMDEV CHAUDHARY Versus The STATE OF BIHAR ------ 2/ 12.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. Co-accused Lallan Yadav was intercepted, 4 kgs. of ganja recovered from his possession and he named this petitioner for him only he was taking that ganja. According to the learned counsel, basing the confession that also exonerating himself petitioner’s arrest can never be justified when there is no recovery from the petitioner’s possession. Accordingly, the prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Raghopur P.S. Case No.45 of 2009, above named petitioner shall 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 Sessions Judge-cum-Special Judge, Saharsa subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh,J.)