IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.406 of 2009 1. PINTU KHAN, SON OF MUSTAQ KHAN 2. ASLAM MIAN, SON OF MULCHAND MIAN, BOTH RESIDENTS OF VILLAGE DURGAWATI, P.S. DURGAWATI, DISTRICT KAIMUR (BHABUA) Versus STATE OF BIHAR ----------- 5. 21.07.2009 Heard learned counsel for the petitioners and learned counsel for the State. The case is under section 394 of the Indian Penal Code. The allegation against the petitioners is of high-way robbery and looting of cash etc. and a truck. Petitioners are not named in the first information report and description of the petitioners has been given in the first information report but it is stated that the petitioners have not been put on test identification parade after their arrest. By order dated 2.4.2009, reports with regard to criminal antecedent of the petitioners were called for. Learned counsel for the State submits that the petitioners have no criminal antecedent and the case diary shows that no witness had identified them during the commission of the offence. Petitioners are in custody since 16.10.2008. - 2 - Considering the above facts and circumstances of the case, the application is allowed. Petitioners , namely, Pintu Khan and Aslam Mian, are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhabua in connection with Durgawati P.S. case no.86 of 2008 (G.R. No.996/2008). B.T (J.N. Singh, J.)