IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.42154 of 2008 1. Mukesh Tiwary, son of Krishna Nand Tiwary, resident of Akopur Bindsar, Police Station- Siwan Mufassil, District-Siwan. 2. Sanjeev Tiwary, son of Yogendra Tiwary, resident of Akopur, Police Station- Siwan Mufassil, District-Siwan. . . . . . . Petitioners. Versus THE STATE OF BIHAR ----------- 4/ 17.03.2009 Heard learned counsel for the petitiones and the State. The petitioners seek bail in a case which has been registered against six unknown criminals for the offence under Section 395 of the Indian Penal Code. Submission is that though the petitioners are not named in the First Information Report, they have not been put on Test Identification Parade. The petitioners are in custody since 24.06.2008. No incriminating article has been recovered from the possession of petitioners. The Sessions Judge has committed an error of record in which it has been mentioned that petitioners are habitual criminals and involved in several cases. Only one case except the present case has been lodged against the petitioners earlier. Considering the facts and circumstances of the case, petitioners, named above, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand), each, with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Mirganj P.S. Case No. 89 of 2008. Uday/ (Shyam Kishore Sharma, J.)