IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.44827 of 2010
Raghwender Pal Singh @ Raghawendra Pal Singh @ Billa
S/o Ram Babu, resident of village - Bartara,
P.S.Kotla, District Firozabad (U.P.)
------------------------- petitioner
Versus
The State Of Bihar
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3 19.7.2011 Heard learned counsel for the parties.
Opium is recovered from a Truck.
Petitioner is named by its driver is doubted on
the ground that initially the Truck driven by
co-accused Satbeer Singh, overtook by the Police
party. Satbeer Singh arrested who named owner of
the Truck as the person who had kept the seized
opium on the Truck. Now submission of learned
counsel for the petitioner is that to save owner
of the Truck, name of petitioner has been given
as one of the drivers of the Truck, to me also
it appears that the Police has every power to
involve any one at any stage and exonerate
similarly to any one otherwise in the F.I.R.
nowhere it is mentioned that any one fled from
the Truck, its driver was arrested on 10.9.2010
and examined on 7.10.2010. It is for the
Official of the Police Department to take action
against such Investigating Officer but in any
case material collected in the case cannot be
2
believed for refusal of anticipatory bail.
Thus, having regard to the facts and
circumstances of the case as well as submission
of the parties, in the event of arrest or
surrender within one month from the date of
communication of this order, the above named
petitioner shall 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, Kaimur at Bhabua in Kudra P.S. Case
No. 88 of 2007, subject to the condition as laid
down under section 438(2) Cr.P.C.
AI ( Mandhata Singh, J.)