IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39293 of 2011 Bablu Yadav Versus The State Of Bihar ---------------------------------- 2 07-12-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 19-09-2011 in a case registered under Sections-414, 272, 273/34 of the Indian Penal Code and 47(A) as well as 49 of the Excise Act. The contention of learned counsel for the petitioner is that the alleged recovery has been made from the house of co- accused, Guddu Yadav who happens to be elder brother of the petitioner and the aforesaid Guddu Yadav has already been granted privilege of bail by the learned court below itself which is evident from perusal of order dated 29-09-2011 passed in B.P. No. 877 of 2011. It is further pointed out by him that neither the petitioner was caught at the spot nor anything was recovered from his conscious possession and moreover, the alleged recovery has been made from the joint house. Considering the facts and circumstances as well as submissions of the parties, the petitioner, namely, Bablu Yadav is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Pauthu P. S. Case No. 49 of 2010 to the satisfaction of Sri D.N. Mishra, J.M.-Ist Class, Aurangabad. AKV/- (Hemant Kumar Srivastava,J.)