IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21802 of 2008 NAND LAL YADAV @ NAND LAL CHAUDHARY S/O LATE RAM LACHHAN YADAV R/O VILLAGE-MAHUWAI, P.S. NAUTAN, DISTRICT- SIWAN Versus STATE OF BIHAR with Cr.Misc. No.25734 of 2008 DHARMNATH SINGH @ DHARAM NATH RAI S/O LATE RAJA SINGH, R/O VILLAGE- KOLIDEWA, P.S.- PHULWARIA, DISTRICT- GOPALGANJ Versus STATE OF BIHAR ----------- 2 12/12/2008 Above noted both the applications arising out of one occurrence i.e. Mirganj P.S. Case No. 193 of 2007 have been heard together and are being disposed of by this common order. The petitioners seek bail in a case which has been registered under section 395 of the Indian Penal Code. In the night of 21st October, 2007 the informant was robbed of his motorcycle, mobile phones and other articles. Submission is that the name of the petitioner Nand Lal Yadav has come on the basis of statement of the informant recorded under section 164 of the Cr.P.C. There is no explanation as to why the petitioner Nand Lal Rai was not named in the FIR or in subsequent statement of the informant under section 161 of the Cr.P.C. Common submission is that the alleged motorcycle has been recovered from the possession of Luxman Yadav who has been admitted to bail by this court vide order dated 16.5.2008 passed in Cr. Misc. No. 7044 of 2008. The petitioners are in custody since 7.3.2008 and 9.2.2008 respectively. The petitioners have not been put on test identification parade. - 2 - Considering the facts and circumstances of the case, the petitioners above named are directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, F.T.C. II,/C.J.M., Gopalganj in S. T. No. 107 of 2008 arising out of Mirganj P.S. Case No. 193 of 2007. avin (Shyam Kishore Sharma, J.)