IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49033 of 2008 SANJAY MEHTAR SON OF SURESH KUMAR RAUT RESIDENT OF VILLAGE/MOHALLA BAIRAGI, BEHIND HARIJAN MANDIR, P.S.DELHA,DISTRICT GAYA Versus STATE OF BIHAR With Cr.Misc. No.6657 of 2009 JUGANU KUMAR SON OF NARAYAN SINGH RESIDENT OF MURLI HILL, BAIRAGI,P.S.KOTWALI,DISTRICT GAYA Versus STATE OF BIHAR ----------- 4/ 19.3.2009 Since both the above applications arise out of one and the same police case, they have been heard together and are being disposed of by this common order. The petitioners are accused of a case which has been registered for offence under Section 395 of the Indian Penal Code. Allegation is that one of the petitioner namely, Juganu Kumar was apprehended and on his confession, the name of other accused persons transpired. Submission is that it was a case of mistaken identification. The petitioners were not put on test identification parade and they are of fair antecedent. Petitioner Sanjay Mehtar is in jail custody since 17.4.2008 whereas petitioner Juganu Kumar is in jail custody since 10.4.2008. Other similarly situated co- accused namely, Raju Das, Suraj Mehta and Raju Kumar have been granted bail by different orders of this Court. Considering the facts and circumstances of the case, let the above named petitioners of both the applications be released on bail on furnishing bail 2 bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with petitioner of Cr.Misc.No. 49033 of 2008 in Delha P.S.Case No. 35 of 2008 and to the satisfaction of Additional Sessions Judge, Fast Track Court No.II, Gaya in connection with petitioner of Cr.Misc.No.6657 of 2009 in Sessions Trial No. 141 of 2008/864 of 2008 arising out of Delha P.S.Case No. 35 of 2008. Tahir/- ( Shyam Kishore Sharma, J.)