IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4248 of 2009 1. Rama Shankar Mahto @ Shankar Mahto, son of Late Ram Jatan Mahto, 2. Raj Kumar Sah, son of Ram Padarath Sah & 3. Arun Kumar Mahto, son of Medini Mahto, All residents of Village- Keet Garahara, P.S.-Barauni (Garahara Out Post), District- Begusarai. . . . . . Petitioners. Versus THE STATE OF BIHAR WITH Cr. Misc. No.7888 of 2009 Singho Mahto, Son of Late Shivlal Mahto, Resident of Village- Amarpur, Bind Toli, P.S.-Barauni (Chakia), District- Begusarai. . . . . Petitioner. Versus THE STATE OF BIHAR ----------- 2/ 18.03.2009 Heard learned counsel for the petitioners and the State. Since both the applications have arisen out of one occurrence i.e. Garahara R.P.C. Post Case No. 10 of 2008 registered for the offence under Sections 3A, 3B RP (UP) Act, they have been heard together and are being disposed of by this common order. There are altogether six persons named as accused. The petitioners are also named. Informant is the Inspector of Garhara P.S. While he was on patrolling near Loco Shed, Garhara then saw that some persons were trying to escape. They were identified in the torch light. Submission is that nothing has been recovered from the possession of the petitioners. According to the allegation no offence under Sections 3A, 3B RP (UP) Act is made out as identification in the night without sufficient means is no identification. The petitioners namely Rama Shankar Mahto @ Shankar Mahto, Raj Kumar Sah and Arun Kumar Mahto are in custody since 18.10.2008 whereas - 2 - petitioner Singho Mahto is in custody since 16.10.2008. Considering the facts and circumstances of the case, petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand), each, with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Barauni (Begusarai) in connection with Garhara R.P.F. Post Case No. 10 of 2008 dated 22.08.2008. Uday/ (Shyam Kishore Sharma, J.)