IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.712 of 2008 RAM BILASH YADAV Versus THE STATE OF BIHAR ----------- 4 15.5.08 Petitioner was arrested on 26.7.2007 from his house and has been remanded in Bakhtiyarpur P.S.Case no.213 of 2007 instituted on 24.7.2007 under Section 394 of the Indian Penal Code aginast unknown. In the FIR it is alleged that when the informant along with another person was coming from Saharsa they were trapped on road because of which they fell down with their motor cycle .They were looted by four miscreants and deprived of their belongings. In the FIR itself it is stated that one Jogendra Pandit along with Sunil Pandit was also coming from Saharsa behind the informant, who were also looted and the miscreants being young boys escaped. The informant says that he does not know the miscreants but can identify them.FIR was against unknown. Subsequently, the said Jogendra Pandit, who is named in the FIR and had been looted subsequent to the petitioner, made the statement identifying the petitioner and on this statement this petitioner has been arrested and remanded and subsequently chargesheeted.It is submitted that while lodging the FIR, the said Jogendra Pandit was named, which could be there only when the informant and Jogendra Pandit talked with each other but no name or identity of the miscreants was disclosed. Secondly, it is stated that in spite of order of Dy.S.P. and Superintendent of Police no TI parade was at all held on the ground that the petitioner is the criminal and the people are scared to identify him. It is submitted that while disclosing the petitioner’s name in course of 2 investigation no one was scared but when it came to identify subsequently the I.O. records that people are scared to identify the petitioner. Thirdly, it is submitted that the petitioner was arrested from his house three days after the incident. In the facts and circumstances of the case, let petitioner, Ram Bilash Yadav, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in Bakhtiyarpur P.S.Case no. 213 of 2007.One of the bailors would be the father of the petitioner, namely, Maksudan Yadav. Singh (Navaniti Prasad Singh)