IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16696 of 2011 Manoj Kumar Yadav Versus The State Of Bihar ---------------------------------- 4 17-08-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is not named in the First Information Report but in course of investigation, it came to light that two looted mobiles were recovered from possession of the petitioner and furthermore, on the basis of confessional statement of the petitioner, the looted motorcycle was recovered from a garage. The contention of learned counsel for the petitioner is that the petitioner is an employee of T. S. Roadways Company and had the petitioner participated in the alleged crime, he would have certainly been identified by the informant. It is further contended by him that uptill now, the petitioner has not been put on Test Identification Parade. On the otherhand, learned counsel for the prosecution points out that the petitioner carries criminal antecedent of two cases. Even if the prosecution story assumed to be true, then also, at best, section-412 of the Indian Penal Code is applicable against the petitioner. Accordingly, the petitioner namely, Manoj Kumar Yadav is directed to be released on bail on furnishing bail bond 2 of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Kursela P.S. Case No. 94 of 2010 to the satisfaction of Chief Judicial Magistrate, Katihar. AKV/- ( Hemant Kumar Srivastava,J.)