IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12755 of 2009 PAPPU GIRI, son of Satya Narayan Giri, village Basouli, PS Udwantnagar, Dist. Bhojpur .. Petitioner. Versus STATE OF BIHAR ----------- 2 20.5.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is accused in a case under section 396 of the Penal Code. Learned counsel for the petitioner submits that twenty three witnesses have been examined in this case and not a single witness has identified the petitioner during the trial. The court below shall consider this submission and if it comes to a finding that the petitioner is not identified by the I.O. and other witnesses, he, the petitioner may be released on bail on stringent conditions to be fixed by the trial court. This application is disposed of with the aforesaid observation. Learned counsel for the petitioner is permitted to deposit the cost of Fax to communicate this order to the court concerned. haque (Sheema Ali Khan, J.)