IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9505 of 2008 UMESH SAHANI @ UMESH YADAV @ BRAHMA SHANKAR Versus STATE OF BIHAR ----------- 3/ 18.07.2008 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Section 364A of the IPC. Petitioner is not named in the FIR. His name has transpired from the confessional statement of the co-accused. However, except confessional statement no incriminating material has come during investigation against this petitioner. The victims, who returned later on, in their statement under Section 161 of the Cr.P.C. have named some of the accused, but they have not disclosed the name of this petitioner. Although, the victims claimed that they could identify other accused persons also, this petitioner was not put on T.I.P. by the police and charge sheet has been submitted against him without verifying his identification by the victim. Petitioner is in custody since 6.9.2007. It is stated that petitioner has no criminal antecedent. In the circumstances, this application is allowed. Let petitioner Umesh Sahani @ Umesh Yadav @ Brahma Shankar be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Naurangia P.S. Case No. 19 of 2006. DKS/ (J.N.Singh,J)