IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18857 of 2009 YOGENDRA PASWAN @ MUSTAQUE @ MUNNA MUSTAQUE, SON OF LATE LAXMAN PASWAN, RESIDENT OF VILLAGE – IDGAH, NAVTOLIA, P.S. FORBESGANJ, DISTT. ARARIA -------- PETITIONER Versus STATE OF BIHAR -------- OPPOSITE PARTY. ----------- For the petitioner : Mr. Ramesh Kumar Singh, Advocate. For the State : Mr. Jayshankar Pd. Singh, A.P.P. 2. 26/5/2009 Heard. Petitioner has been made accused in a case registered under Sections 395 and 397 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case merely on the basis of confessional statement of co-accused Vijay Paswan. Further submission is that there is no recovery of any incriminating article from the possession of the petitioner. F.I.R. has been lodged against 7-8 unknown persons. However, despite the petitioner having remained in jail custody since 5.11.2008, he has not been put on Test Identification Parade. It is submitted that the petitioner has been made accused in another case in connection with Forbesganj P.S. Case No. 28 of 2008 and a bail application in this regard is pending before this Court bearing Cr. Misc. Case No. 18939 of 2009. It is also contended that many co-accused persons have been granted bail by Bench of this Court, such as; Manoj Mandal in Cr. Misc. Case No. 6670 of 2004 2 vide order dated 29.6.2004, Soyebur Rahman @ Soyeb Khan @ Md. Sovbur Rahman in 34286 of 2003 vide order dated 9.1.2004, Amrendra Sah @ Amren Sah in Cr. Misc. 44770 of 2007 vide order dated 20.11.2007 and Binod Paswan & Anr. in Cr. Misc. Case No. 49206 of 2008 vide order dated 1.12.2008. In the facts and circumstances of the case, petitioner Yogendra Paswan @ Mustaque @ Munna Mustaque is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria, in connection with Forbesganj P.S. Case No. 173 of 2003. S. Ali (Dr. Ravi Ranjan, J.)