IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19663 of 2009 DEENA YADAV, SON OF CHANDRADEO YADAV, RESIDENT OF VILLAGE RAMDAIYA, BALBAPAR, P.S.RAHUI, DISTRICT NALANDA VERSUS STATE OF BIHAR ----------- 3. 05.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 395 and 397 of the Indian Penal Code. Petitioner is not named in the first information report. It is submitted by learned counsel for the petitioner that petitioner’s name transpired in the case on the basis of the confessional statement of co-accused. It is also submitted that petitioner has not been put on test identification parade to enable the victim, namely, truck driver to identify him although he had surrendered before the court below on 25.10.2008 and since then he is in custody. It is also stated that he has no criminal antecedent and no recovery was made from his possession. Learned counsel for the petitioner has referred to an order dated 24.4.2009 passed in Cr. Misc. No.5916 of 2009 and other analogous cases by which, under identical circumstances, six accused persons have been allowed bail by - 2 - this Court. After going through the case diary learned counsel for the State submits that three persons have claimed, during course of investigation, to have identified the petitioner and others while they were passing through the road. However, in view of the fact that the petitioner has not been put on test identification parade to enable the victim, namely, truck driver, to identify him and he has no criminal antecedent and no recovery was made from his possession and also in view of the fact that other accused persons under identical circumstances have been allowed bail, the application is allowed. Petitioner (Deena Yadav) is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda in connection with Noorsarai P.S. Case no.54/2008 with conditions as laid down in sub- section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation - 3 - of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J.N. Singh, J.)