IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4166 of 2009 MANOJ KUMAR@ SITANI @ KALYAN RAUT S/O-Satan Raut, R/O-Vill-Adhkhani, P.S.-Parihar, Distt.-Sitamarhi. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. WITH Cr.Misc. No.35511 of 2008 AJAY KUMAR YADAV S/O-Sri Ramchandra Rai, R/O-Vill-Narayanpur, P.S.-Pupri, Distt.-Sitamarhi. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. WITH Cr.Misc. No.30361 of 2008 ALOK SAHANI @ PAPPU SAHANI S/O-Ravinder Sahani, R/O-Vill-Lohakhar, P.S.-Sonabarsa, Distt.-Sitamarhi. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 2/ 18.03.2009 Supplementary affidavit has been filed in Cr. Misc. No. 35511 of 2008. Learned Counsel for the petitioner namely Ajay Kumar Yadav (in Cr. Misc. No. 35511 of 2008) is permitted to make necessary corrections in prayer portion of the application. Since all the three bail applications have arisen out of one occurrence i.e. Parihar P.S. Case No. 131 of 2007, they have been heard together and are being disposed of by this common order. The petitioners seek bail in a case which has been registered under Section 396 of the Indian Penal Code against Manoj Sidhani, Maharaj, Ajay, Vijay, Jubair - 2 - and 15-20 unknown. A massive dacoity was committed and on account of firing one person was killed. Common submission of learned Counsel for the petitioners is that they were put on Test Identification Parade but they have not been identified by the informant and his brother. Nobody has identified the petitioners. They have named on the basis of the talks between the criminals. No person will name his colleague in course of commission of such offence and it is also appear that the name of the petitioners is not correct. On behalf of petitioner Ajay Kumar Yadav it has been submitted that now the trial has begun and a number of witnesses has been examined. The informant himself has been examined as P.W. 4. He has not supported about the implication of any of the accused and he has been declared hostile. Other witnesses who named the accused persons in the FIR have also been examined in the case, but they have not supported any part of the allegation against any of the accused. They all have become hostile. Considering the facts and circumstances of the case, the petitioners Manoj Kumar @ Sitani @ Kalyan Raut (in Cr. Misc. No. 4166 of 2009), Ajay Kumar Yadav (in Cr. Misc. No. 35511 of 2008) and Alok Sahani @ - 3 - Pappu Sahani (in Cr. Misc. No. 30361 of 2008) are ordered 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 the Chief Judicial Magistrate, Sitamarhi/ Sessions Judge, Sitamarhi in connection with Sessions Trial No. 279 of 2008 arising out of Parihar P.S. Case No. 131 of 2007. kksinha/ (Shyam Kishore Sharma, J.)