IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21581 of 2010 JAHANGIR & ANR Versus STATE OF BIHAR ----------- 03/ 25.08.2010 Heard learned counsel for the petitioners- Jahangir and Burhwa @ Burhawa @ Mahfuz who have been detained in judicial custody in connection with Palasi P.S. Case no. 26 of 2007 registered under sections 395 and 397 IPC and also heard learned counsel appearing for the State. Some unknown persons committed dacoity in the house of the informant and others and in that course they assaulted the inmates of the house but on alarm raised by inmates, people assembled there and chased the dacoits and in that course two dacoits were killed. The petitioners are not named in the F.I.R but they are named in the confessional statement of co-accused and further in course of investigation some witnesses claimed to have identified the petitioners at the time of the alleged occurrence. Contention of the learned counsel for the petitioners is that on similar circumstance co-accused Md Tabrej and Md Jabir have already been granted bail by this court vide Cr. Misc. no. 2487/2009 and 27026/2008 respectively. Further contention of learned counsel for the petitioners is that the petitioners are resident of village Majhuwa under Jokihat police station whereas the informant and others are resident of different village. He further submits that it is not clear as to how the aforesaid witnesses were able to identify the petitioners, so identification is nothing but creation of evidence. - 2 - Learned counsel for the State fairly concedes this fact that though the petitioners carry some criminal history but their case stands on similar footing to that of co-accused who have already been granted privilege of bail. In view of aforesaid submissions as well as to maintain the parity of justice, I think it proper to release the petitioners on bail. Accordingly, the petitioners, namely, Jahangir and Burhwa @ Burhawa @ Mahfuz are directed to be released on bail in connection with Palasi P.S. Case no. 26 of 2007 on furnishing bail bond of Rs 10,000-/ with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria. shahid (Hemant Kumar Srivastava,J))