IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38958 of 2008 BHOLA PASWAN Versus STATE OF BIHAR With Cr.Misc. No.32703 of 2008 UMESH NAUT Versus STATE OF BIHAR ----------- 3. 2.12.2008 Heard Sri Sunil Kumar No.III, Advocate for petitioner Bhola Paswan, Sri Dhannjay Kumar No.2, Advocate for petitioner Umesh Naut and the learned A.P.P. for the State. The case diary has been received and paragraph 71 of the same contains the record as regards the holding of the test identification parade and its ultimate result. It is revealed that the petitioner Umesh Naut was identified by three identifying witnesses, considering which, the prayer for bail is rejected. The case is under Section 395 IPC and the petitioner is not named in the FIR. He was not put on test identification parade. There is no recovery of any theft property from his possession. Let the petitioner, namely, Bhola Paswan be released from custody on furnishing bond of Rs.5,000/-(five thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Sikrahana at Motihari, East Champaran in Ghorasahan P.S.Case No.132 of 2007. B.Kr. ( Dharnidhar Jha, J. )