IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47137 of 2008 SRI BHAGWAN CHOUDHARY S/O SRI SIPAHI CHOUDHARY, R/O VILALGE- KHYALI CHOUDHARY KA TOLA, P.S. AYER, DISTRICT- BHOJPUR Versus STATE OF BIHAR WITH Cr.Misc. No.4025 of 2009 BIR BAHADUR CHOUDHARY S/O LATE DULI CHOUDHARY, R/O VILLAGE- KHYALI CHOUDHARY KA TOLA, P.S.- AYER, DISTRICT- BHOJPUR Versus THE STATE OF BIHAR ----------- 3 06/03/2009 Above noted applications arise out of one occurrence i.e. Piro P.S. Case No. 88 of 2008 and have been heard together and are being disposed of by this common order. The petitioners are accused of a case which has been registered under section 395 of the Indian Penal Code against five unknown. Submission is that in course of investigation a number of witnesses have stated that no dacoity was committed on the alleged date and time of occurrence. The petitioners are not named in the FIR and have not been put on test identification parade. There is no recovery from the possession of the petitioners. Co-accused Jitendra Kumar has been admitted to bail by this court vide order dated 22.12.2008 passed in Cr. Misc. No. 39391 of 2008. 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 - 2 - the C.J.M., Ara, Bhojpur in connection with Piro P.S. Case No. 88 of 2008. avin (Shyam Kishore Sharma, J.)