IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47475 of 2008 NIRANJAN YADAV & ANR Versus STATE OF BIHAR ----------- 3 3.3.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that the looted rifle was not recovered from the possession of the petitioners rather it was from Basa of one Surendra Yadav. No doubt the recovery is from Basa of Surendra Yadav but other witnesses are there to state that the petitioners along with others were seen getting down from the train in which rifles were looted i.e. mentioned in paragraph-74 of the case diary. In paragraphs-79 and 80 of the case diary the statements of witnesses are there who stated about the petitioners along with others going to their house with purpose to keep the looted rifle which was refused and then only after investigation the looted rifle was recovered, may be from Basa of Surendra Yadav. The petitioner cannot be exonerated from the liability in which two railway protection force officials were there in the train and their rifles were looted. Thus I find that it is not a fit case for bail. Prayer for bail of the petitioner is rejected. (Mandhata Singh,J.) AI