IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5465 of 2009 Ramashish Yadav, Son of Lalan Yadav, resident of village-Dautpur, P.S.- Makhdumpur, District- Jehanabad. . . . . Petitioner. Versus THE STATE OF BIHAR WITH Cr. Misc. No. 3568 of 2009 Rampati Kumar Yadav, Son of Sri Babu Lal Yadav @ Motha Yadav, Resident of village- Kohara Tola, Libra Bigha, P.S.-Makhdumpur, District- Jehanabad. . . . . . Petitioner. Versus THE STATE OF BIHAR ----------- 2/ 22.04.2009 Since both the applications have arisen out of one and the same police case, they have been heard together and are being disposed of by this common order. Petitioners seek bail in a case which has been registered for the offence under Section 394 of the Indian Penal Code against three unknown. Submission on behalf of the petitioners is that the petitioners are not named in the First Information Report. Name of petitioner Ramashish Yadav has come on the basis of confessional statement of Rampati Kumar Yadav. Petitioner Rampati Kumar Yadav was put on Test Identification Parade and he was identified by Rajli Devi and the Test Identification Parade chart mentions that the petitioner was known to her from before because both have litigated. Further submission is that prior to the Test Identification Parade Rajli Devi was examined under Section 161 of the Code of Criminal Procedure in that case and she has not named the petitioner, as the persons who were involved in the offence. Petitioner Rampati Kumar Yadav was known to her from before and there is no explanation as to - 2 - why she has not named the petitioner. Prayer for bail of the petitioners has been opposed by the learned counsel for the informant. Considering the facts and circumstances of the case, petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand), each, with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad / concerned court in connection with Makhdumpur P.S. case no. 212 of 2008 (G.R. No. 1696 of 2008). Uday/ (Shyam Kishore Sharma, J.)