IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12023 of 2008 ROHIT KUMAR YADAV Versus STATE OF BIHAR With Cr.Misc. No.12912 of 2008 NIRAJ YADAV @ NIRAJ KUMAR Versus THE STATE OF BIHAR ----------- 3. 3.7.2008 Heard. The two petitions arise out of Belhar P.S.Case no.180 of 2007. The police received an information that some extremists were travelling in a Bolero vehicle. The vehicle was intercepted and four persons including the two petitioners were found sitting in the vehicle and they appeared dreaded Maoists. The statements of the two accused persons, namely, Arbind Yadav @ Raju Da and Kapildeo Yadav led to the recovery of arms. The confession of Arbind Yadav led to the recovery of some regular rifles put under earth after being packed in polythene and those were looted arms of police a couple of stations as is indicated by the report. The disclosure of Kapildeo Yadav led to the recovery of a pistol from his house. As regards the above named petitioners their statements did not contain any information - 2 - leading to any recovery of any incriminating articles. The defence is that the petitioners are the drivers and were driving the vehicle. The court has hesitation in accepting that there were two drivers in the vehicle but the court could go by the allegations and the subsequent incriminating recoveries which was not there in the case of the two petitioners, namely, Rohit Kumar Yadav and Niraj Yadav @ Niraj Kumar, considering which their prayer for bail is allowed. They are directed to be released from custody on furnishing bond of Rs.10,000/-(ten thousand)each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in the above noted case. B.Kr. ( Dharnidhar Jha, J. )