IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3611 of 2009 BINDESHWAR RAUT SON OF LATE BISHWANATH RAUT RESIDENT OF MOHALLA GOL BAGICHA GABRA,P.S.KOTWALI,DISTRICT GAYA Versus STATE OF BIHAR ----------- 2/ 6.3.2009 Heard learned counsel for the parties. The petitioner is sole named accused of a case which has been registered for offences under Sections 294(A) and 420 of the Indian Penal Code and 3/4 of the Bihar Lottery Act. On the basis of secret information, the police apprehended the petitioner and from his possession, some lottery guessing papers were recovered. Submission is that there was no recovery of any lottery ticket and he is in jail custody since 3.11.2008. Further submission is that in view of specific provision of Bihar Lottery Act, offence under Section 420 of the Indian Penal Code is not made out. Considering the facts and circumstances of the case, let the above named petitioner 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, Gaya in Kotwali P.S.Case No. 239 of l2008. Tahir/- ( Shyam Kishore Sharma, J.)