IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20626 of 2009 MADAN YADAV Versus STTAE OF BIHAR ----------- 4/ 14.10.2009 Heard. This petition has been placed before me only because a bench of this court, finding that I have granted bail to co accused Chhote Lal Yadav, directed to go out of its list to be placed before me. On perusal of the order of that particular bench dated 6.8.2009 and after hearing the A.P.P. who has read out to me the relevant paragraphs, i.e., 29 and 30 and some other paragraphs of the case diary, the fact remains that the witnesses have not identified the accused persons and named them only because they claimed the identification by their respective voices. It remains concluded that in spite of the weakest of weak evidence of identification by voice, no attempt was made by the I.O. to put any of the accused persons on Test Identification Parade. Admittedly, there is no recovery of any theft article from any of the accused persons and as such, it is a fit case for bail. In the facts and circumstances of the case, let petitioner Madan Yadav be released on bail on furnishing bail bond of Rs.10000/(ten thousand) with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Bettiah, West Champaran in Tr. No. 470 of 2009 arising out of Narkatiaganj G.R.P.S. Case No. 21 of 2008. Anil/ (Dharnidhar Jha, J.)