IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36162 of 2008 YUNUS MIAN @ YOUNIS MIAN S/O LATE ALI RAJA MIAN, R/O SADUWA, P.S.- SIDHWALIA, DISTRICT- GOPALGANJ Versus STATE OF BIHAR ----------- 3 15/12/2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in a case which has been registered against 14-15 unknown under sections 395 and 397 of the Indian Penal Code. Submission is that the petitioner is not named in the FIR. He has not been put on test identification parade and no incriminating article has been recovered from his possession. In course of investigation accused Upendra, Ehshan Alam, Om Prakash, Ramjit, Suresh, Nand Kishore, Surendra, Sanjay and Bhola were apprehended on the confession of some of the accused who were apprehended namely, Upendra, Nand Kishore and others name of the petitioner has come. Those accused persons have been admitted to bail on 13.5.2008 passed in Cr.Misc. No. 15873 of 2008. Further submission is that other accused persons Bhola Prasad, Surendra Bhagat, Sanjay Soni, Saresh Kumar and others have been admitted to bail by the different orders of this court. The petitioner is in custody since 27.2.3008. There is no explanation as to why he has not been put on test identification parade. Considering the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing - 2 - of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Gopalganj in connection with Sidhwalia P.S. Case No. 40 of 2007. avin (Shyam Kishore Sharma, J.)