IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19174 of 2008 1. ARJUN YADAV SON OF RAJ KISHORE BHAGAT 2. SANTOSH KUMAR @ SANTOSH SINGH SON OF GANGA SINGH, BOTH RESIDENT OF VILLAGE-UJAI LOYIYAR, P.S. HARSIDHI, DISTRICT- EAST CHAMPARAN. Versus STATE OF BIHAR ----------- 4 16/10/2008 Heard learned counsel for the petitioners and learned counsel representing the State. As prayed for, learned counsel for the petitioners is permitted to make correction in the prayer portion of the petition. The petitioners are facing trial for the offence under section 395 of the Indian Penal Code. The case has been registered against 8- 10 unknown criminal regarding dacoity of a tanker, two mobiles and cash of Rs. 2400/-. Submission is that the petitioners are not named in the FIR and has not been put on test identification parade. No looted articles have been recovered from the petitioners. Further submission is that after framing of charge the trial has begun. The informant has been examined as PW 4. He has supported the factum of dacoity but has not identified the petitioners who were present in the dock on the date of evidence. Further submission is that other witnesses who have been cited as witness by the police, namely, Lakhan Yadav, Beera Yadav and Hazari Prasad have not supported the prosecution case and they have been declared hostile. It is a case of no evidence against the petitioners. Prayer for bail of co-accused persons Suman Kumar and - 2 - Mukesh Kumar have been rejected on 27.5.2008 at that stage. But it appears from the evidences of the informant and other witnesses that the petitioners have not been identified. Considering the facts and circumstances of the case, the petitioner Arjun Yadav and Santosh Kumar @ Santosh Singh 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 of the Additional Sessions Judge, F.T.C., Vth, Motihari in S. Tr. No. 436 of 2008 arising out of Harsidhi P.S. Case No. 162 of 2007. avin (Shyam Kishore Sharma, J.)