IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29096 of 2008 BIRENDRA YADAV … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Sanjeev Kumar No.1 For the State: Shri Dashrath Mehta, APP ----------- 4. 6.1.2009 Heard. The case is under Section 395 of the Indian Penal Code and the petitioner has been described as one of the sons of Chhota Yadav. On a careful reading of the F.I.R. it may be found that the story of identification is not on account of having identified the petitioner and, as such, putting his name in it but it was merely a doubt that the informant was naming the petitioner in the manner as indicated above. Besides, accused Oli Mian appears naming the petitioner as one of the accused but in spite of that the petitioner has not been put on the Test Identification Parade nor there is any recovery from him. The petitioner is in custody since 16.10.2007. Let the petitioner Birendra Yadav be released on his furnishing a bond of Rs. 2 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah, in Bettiah Mufassisl (Manuapool) P.S.Case No. 104 of 2007. Kanth ( Dharnidhar Jha, J.)