IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25484 of 2010 LALAN YADAV @ LALU YADAV Versus STATE OF BIHAR with Cr.Misc. No.29500 of 2010 SANJAY YADAV & ANR Versus THE STATE OF BIHAR ----------- 05/ 29.11.2010 Above stated criminal miscellaneous cases have arisen out of Jhajha Rail P.S. Case no. 30/2007 registered under sections 395 and 397 of the IPC and accordingly both the above stated cases have been disposed of by this common order. Heard learned counsel for the petitioners as well as learned P.P. for the State. Admittedly, petitioners are not named in the FIR nor anything has been recovered from their conscious possession, It appears from case diary as well as order of the learned Additional Sessions Judge, Lakhisarai that witnesses vide paragraphs 157 and 158 of the case diary have claimed to have seen petitioners having attatchi in their hands getting down from the train in which dacoity was committed. Admittedly, the aforesaid statements of the witnesses were recorded after two years of the alleged occurrence. Considering the aforesaid circumstances as well as materials available in the case diary, petitioners (Lalan Yadav @ Lalu Yadav, Sanjay Yadav and Mannu Yadav) are directed to be released on bail in connection with Jhajha Rail P.S. Case no. 30 of 2007 on furnishing bail bond of Rs 10,000-/ with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Kiul. shahid (Hemant Kumar Srivastava,J)