IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39341 of 2008 PANDAV YADAV Versus STATE OF BIHAR ----------- 3. 17.12.2008 Heard Mr. Ajay Kumar-I, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The case is under sections 395 and 397 of the Indian Penal Code and the petitioner Pandav Yadav son of Birbal Yadav is not named in the F.I.R. He was not put on T.I.P., nor he was identified, as indicated in paragraph-335 of the case diary. This submission was made before the learned Sessions Judge also as appears from the rejection order but the learned Judge did not appear even taking notice of the fact and proceeded to dismiss the contention on some specious reasoning. There is no recovery of any theft articles from the possession of the petitioner Let petitioner named above be released on bail on furnishing bail bond of Rs.3,000/-(Three thousand) with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Khagaria, in connection with Khagaria(Mansi) Rail P.S. case no.20 of 2008. sudip ( Dharnidhar Jha,J )