IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40379 of 2008 MITTE @ MINTE YADAV @ MITHILESH YADAV S/O LATE SUKHARI YADAV, R/O VILLAGE- SALIMPUR, P.S.- BAKHTIYARPUR, DISTRICT- PATNA Versus STATE OF BIHAR ----------- 6 21/08/2009 Heard Mr. Nasrul Huda Khan, learned counsel appearing on behalf of the petitioner and Mr. Uma Shankar Prasad Singh, learned APP for the State. Earlier prayer for bail of the petitioner was rejected vide order dated 6.12.2007 passed in Cr. Misc. No. 38695 of 2007. The petitioner is an accused in a case registered against unknown under section 396 of the Indian Penal Code regarding dacoity and murder committed in the Farkka Express Train. Submission is that though the petitioner is not named in the FIR but he has not been put on test identification parade. He is in custody since 6.5.2006. Further submission is that after rejection of the prayer for bail of this petitioner, one co-accused Surendra Paswan who was also not put on test identification parade has been admitted to bail vide order dated 15.7.2008 passed in Cr. Misc. No. 26173 of 2008. Report of the learned trial court shows that charges has not yet been framed due to non production of three other accused persons. Considering the facts and circumstances of the case, 2 the petitioner Mitte @ Minte Yadav @ Mithlesh Yadav 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 learned Ist Additional Sessions Judge, Barh, Patna in S. T. No. 1121 of 2007 arising out of Bakhtiyarpur Rail P.S. Case No. 39 of 2005. avin (Shyam Kishore Sharma, J.)