IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10051 of 2008 YAKUB @ MD.YAKUB @ LALI @ LALI KHAN Versus STATE OF BIHAR with Cr.Misc. No.12362 of 2008 ABDUL SHUBHAN ANSARI Versus STATE OF BIHAR with Cr.Misc. No.10882 of 2008 NAVIN BISHWASH @ NAVIN KR. BISHVASH Versus THE STATE OF BIHAR ----------- 3 09/05/2008 Above noted applications arise out of one occurrence i.e. K. Hat P.S. Case No. 410 of 2007 have been heard together and are being disposed of by this common order. Heard learned counsel for the parties. It appears from the FIR that some robbers intruded into the Bank of Baroda at Purnia and they have taken away certain articles including mobile, cash etc. Though the FIR was registered under section 392 of the Indian Penal Code against three unknown criminals but vide order dated 20th December, 2007 sections 395, 397 and 120 B of the Indian Penal Code was added. Learned counsel for the petitioners submitted that they are not named in the FIR and there is no cogent material to connect the petitioners with the alleged crime. Further submission is that at belated stage test identification parade was conducted through which the petitioners were roped into. The test identification itself is illegal as there was no participation of any Judicial Magistrate so it has no evidentiary value. - 2 - It appears that one constable has identified the petitioners in course of commission of robbery/dacoity. Considering the allegations against the petitioners, I am not inclined to enlarge them on bail. Accordingly prayer for bail of the petitioners is rejected. However, the petitioners are at liberty to renew their prayer for bail in the court below after completing one year in custody. avin. (Shyam Kishore Sharma, J.)