IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36550 of 2008 MADAN CHAUDHARY & ANR Versus STATE OF BIHAR ----------- 2 3.9.2008 Petitioners’ bail application under Sections 364A, 404/34 of the Indian Penal Code was earlier rejected by this Court. Learned counsel for the petitioners relies on the order dated 16.5.2008 passed by another bench of this Court in Criminal Miscellaneous No. 34326 of 2007 whereby one Sushil Chaudhary @ Sushil Kumar Chaudhary has been granted bail. It is submitted on behalf of the petitioners that Sushil Chaudhary @ Sushil Kumar Chaudhary has been named in the First Information Report and he has been granted bail by this Court. It appears from the perusal of the order that this fact was not brought to the notice of the Hon’ble Judge that the petitioner Sushil Chaudhary @ Sushil Kumar Chaudhary who was granted bail was named in the First Information Report, rather the submission made was that Sushil Chaudhary @ Sushil Kumar Chaudhary has been implicated on the basis of a confessional - 2 - statement. The trial of this case has commenced and learned counsel submitted that perhaps five witnesses have been examined. The Court below is directed to verify whether the petitioner is named before the Trial Court and thereafter consider his bail on merit. The bail petition is dismissed with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)