IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38819 of 2008 RAJESH SINGH @ RAJESH KUMAR @ RAJESH @ RAMESH KUMAR SINGH, son of Prabhunath Singh, resident of village-Kaishalpur, Koilway, P.S.Katras, District-Dhanbad(Jharkhand) Versus STATE OF BIHAR ----------- 3. 3.2.2009 Heard Sri N.K.Agrawal, senior counsel for the petitioner and the learned A.P.P. for the State. The case is under Sections 392 and 411 of the IPC and the none is named in the FIR. The petitioner is in custody since 21.4.2008 without being put on test identification parade or anything being recovered from him as may be apparently clear from the case diary. However, the Additional Sessions Judge-I, Patna while dismissing the prayer for bail has relied upon the submissions pointed out by the Additional Public Prosecutor, who submitted that the petitioner was identified on test identification parade by the informant. This finding is correct as may appear from paragraph 99 of the case diary. As regards the finding that the articles were recovered from the present petitioner and those were identified by the informant. The fact remains that nothing was recovered from this petitioner, the recoveries - 2 - were made from three other accused persons. The contention is that at best it could be a case of single identification. Regard being had to the contention, let the above named petitioner be released from custody on furnishing bond of Rs.10,000/-(ten thousand)with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in Kotwali P.S.Case No.92 of 2008. B.Kr. ( Dharnidhar Jha, J. )