IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34412 of 2009 1. SUMAN KUMAR YADAV @ MAHLU @ MALAHWA YADAV son Suresh Yadav, 2. Charan Yadav alias Charan Kumar Yadav son of Godabri Yadav, both residents of village Kushmoul, P.S. Bhargama, District Araria, 3. Anant Yadav son of Shukdeo Yadav, resident of village Dhanha, P.S. Raniganj, District Araria, … …Petitioners Versus THE STATE OF BIHAR… …OPPOSITE PARTY For the Petitioners: Mr. Girish Pd. Gupta, Advocate, For the S t a t e : Mr. R.P.S. Singh, A.P.P. ----------- 2 14.10.2009 Heard learned counsel for the petitioners and the State. The petitioners are accused in a case registered under section 397 of the Indian Penal Code and sections ¾ of the Explosive Substance Act. It is submitted on behalf of the petitioners that the petitioners are not named in the first information report and nothing has been recovered from their possession. Names of the petitioners have surfaced upon the confessional statement of co-accused Raj Kumar Yadav before the police. The petitioners claim that they are co- villagers of the informant. It is further submitted that the petitioners have surrendered in the court below on 2 9.7.2009, 16,7,2009 and 17.7.2009, respectively,but they have not been put on test identification parade. It is also informed that co-accused Raj Kumar Yadav, who had named the petitioners in his confessional statement before the police, has been granted bail by this Court vide order dated 31.7.2007 in Cr. Misc. No. 15967 of 2007. Learned counsel for the petitioners has produced certified copy of the order aforesaid. Let it be kept on record. In the facts and circumstances of the case, the petitioners, Suman Kumar Yadav alias Mahlu alias Malahwa Yadav, Charan Yadav alias Charan Kumar Yadav and Anant Yadav, are directed to be enlarged on bail on their 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, Araria in Bhargama P.S. Case No. 5/2005 on further condition that one of the bailors must be close relative or family member of each of the petitioners. SC ( Dr. Ravi Ranjan, J.)