IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36096 of 2008 1. AJAY YADAV, Son of Nand Lal Yadav, 2. Rahul Yadav, son of Shekhar Yadav, 3. Vinod Yadav, son of Jitan Yadav, All are resident of Village- Nayatola Jurabganj, P.S.- Koraha, District- Katihar :----- Petitioner. Versus STATE OF BIHAR:------ Opposite Party. ----------- For the petitioners :Mr. Pawan Kumar-I, Advocate., For the Opposite Party : Mr. Nitya Nand Tiwari, A.P.P. ====== 3. 21.10.2008. Heard learned counsel for the petitioners and the State. Petitioners are accused in a case under Sections 401, 420 and 414 of the Penal Code. They are named in the First Information Report and are alleged to have deprived persons of their valuables by sprinkling itching powder as according to the prosecution petitioners were also apprehended with itching power in their hotel rooms. It is submitted on behalf of the petitioners that the allegation of the prosecution agency that the seized substance is itching powder is wholly non est as the seized substance is nothing but cosmetic powder. It is also submitted that besides the present case petitioners are not accused or remanded in any other case prior to their arrest in the instant case. Let the aforesaid fact be verified by the court below and if found correct then the petitioners, namely, (1). Ajay Yadav, (2). Rahul Yadav and (3). Vinod Yadav be - 2 - admitted to the privilege of bail on furnishing bail bonds of Rs. 5000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas in connection with Dehri Town P.S.Case No. 139/08. P.K.P. (V.N.Sinha,J.)