IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7373 of 2008 MITHILESH YADAV @ MITHU YADAV Versus THE STATE OF BIHAR with Cr.Misc. No.5860 of 2008 RAM JATAN YADAV @ BANDA YADAV @ CHHOTE LAL YADAV Versus STATE OF BIHAR with Cr.Misc. No.8890 of 2008 UPENDRA YADAV Versus STATE OF BIHAR ----------- 3 2.7.2008 Heard. The case is under section 396 of the Indian Penal Code and 27 of the Arms Act. Three petitioners are not named in the first information report. The T.I. Chart in respect of three suspected accused Mahesh Yadav @ Kara Yadav, Binod Yadav, Ram Jatan Yadav @ Banda Yadav @ Chhote Lal Yadav( petitioner) in Cr. Misc. no. 5860/08 has been received and the informant appeared and identified above named three accused. Besides Upendra Yadav is alleged to be identified by two witnesses in their statements before the police under section 161 Cr.P.C. which is recorded in paragraphs 34 and 35 of the case diary. The contention of Upendra Yadav is that if the witnesses claimed to identify in the headlight of their - 2 - vehicles they must have disclosed name of the petitioner. As such absence of the name of the petitioner in FIR is significant. As regards Mithlesh Yadav @ Mithu Yadav he is also not named in the FIR and there is no evidence of identification against him. Regard being had to the facts and circumstances, as petitioner- Ram Jatan Yadav @ Banda Yadav @ Chhote Lal Yadav has been identified by the informant in the TI Parade, his petition is dismissed. As regards other petitioners- Mithilesh Yadav @ Mithu Yadav and Upendra Yadav, their prayer for bail is allowed. Let them be released on bail on furnishing bail bond of Rs 10,000/-each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif in Noor Sarai P.S. Case no.109/07. shahid (Dharnidhar Jha, J)