IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13166 of 2011 Avadh Kishore Yadav Versus The State Of Bihar ----------- 4. 16.09.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 18.09.2010 in a case registered under Section 394 of Indian Penal Code. Petitioner is not named in the First Information Report but in course of investigation the informant claimed to have identified the petitioner and subsequently, the witnesses also stated about the involvement of the petitioner. Had the informant identified the petitioner at the time of alleged occurrence, the petitioner could have certainly be named in the First Information Report. A part from this, it came to light that one co-accused had disclosed before the police that looted mobile had been given to one Noorjahan by this petitioner and subsequently, Noorjahan handed over the said mobile set to him. Although the petitioner carries criminal antecedent of near about 4 cases but taking into consideration the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10, 000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in connection with Mairwa P.S. Case No.77 of 2010. Saif /- (Hemant Kumar Srivastava, J.),