IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44827 of 2010 Raghwender Pal Singh @ Raghawendra Pal Singh @ Billa S/o Ram Babu, resident of village – Bartara, P.S.Kotla, District Firozabad (U.P.) ------------------------- petitioner Versus The State Of Bihar ----------- 3 19.7.2011 Heard learned counsel for the parties. Opium is recovered from a Truck. Petitioner is named by its driver is doubted on the ground that initially the Truck driven by co-accused Satbeer Singh, overtook by the Police party. Satbeer Singh arrested who named owner of the Truck as the person who had kept the seized opium on the Truck. Now submission of learned counsel for the petitioner is that to save owner of the Truck, name of petitioner has been given as one of the drivers of the Truck, to me also it appears that the Police has every power to involve any one at any stage and exonerate similarly to any one otherwise in the F.I.R. nowhere it is mentioned that any one fled from the Truck, its driver was arrested on 10.9.2010 and examined on 7.10.2010. It is for the Official of the Police Department to take action against such Investigating Officer but in any case material collected in the case cannot be 2 believed for refusal of anticipatory bail. Thus, having regard to the facts and circumstances of the case as well as submission of the parties, in the event of arrest or surrender within one month from the date of communication of this order, the 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 Chief Judicial Magistrate, Kaimur at Bhabua in Kudra P.S. Case No. 88 of 2007, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)