IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22087 of 2011 Manoj Mukhiya @ Manoj Mallah @ Hitawa Versus State of Bihar ------- 02/ 04.08.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is not named in the first information report nor he has been put on test identification parade as yet whereas he is in jail custody since 30.9.2010. The specific stand of learned counsel for the petitioner is that the statements of the victims have been recorded under section 164 of the Cr. P.C but the aforesaid victims have not named the petitioner in their statements. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, let the petitioner, Manoj Mukhiya @ Manoj Mallah @ Hitawa, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Bagaha, West Champaran in Ramnagar P.S. Case no. 182/2006 subject to the condition that before releasing the petitioner on bail, the learned court below shall verify this fact as to whether petitioner is Bhagina of Khaden or not and if it is found that the petitioner is maternal nephew of the aforesaid Khaden, he shall not be released on bail. shahid (Hemant Kumar Srivastava,J)