IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35608 of 2008 NITESH KUMAR YADAV @ BIRBAL YADAV S/O HORIL YADAV, R/O VILLAGE- RAJPUR, P.S. PRATAPPUR, DISTRICT- CHATRA (JHARKHAND) Versus STATE OF BIHAR ----------- 3 17/11/2008 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner seeks bail in a case which has been registered under sections 379, 435, 436 and some other sections of the Indian Penal Code, section 27 of the Arms Act and section 17 of the C.L.A. Act. According to the allegation, 100-150 extremist came on 3.6.2003 at 11.45 P.M. and they burnt the excavators and other machines. Submission is that in a case of 2003 the police has remanded this petitioner on 6.1.2007 and since then he is in custody. He is not named in the FIR but he has not been put on test identification parade. His name has come on the basis of confessional statement before the police. Other accused persons, namely, Ram Pravesh Singh, Suresh Yadav and Alok Kumar Singh have been admitted to bail by the different orders of this court. Considering the facts and circumstances of the case, the petitioner Nitish Kumar Yadav @ Birbal Yadav is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction - 2 - of the Ist Additional Sessions Judge, Rohtas in S. Tr. No. 485 of 2005 arising out of Dehri ( Indrapuri) P.S. Case No. 196 of 2003. avin (Shyam Kishore Sharma, J.)