IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24290 of 2008 LAL PATHA RAUT Versus STATE OF BIHAR ----------- For the petitioner – Mr. Madhav Prasad Yadav, Adv. For the State – Mr. C. Jawahar, A.P.P ---------- 3. 20/8/2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is being prosecuted under Section 396 of the Indian Penal Code. Allegation is that thirteen unknown miscreants have committed dacoity in the house of the informant and subsequently, one Kameshwar Singh was found dead in the nearby orchard. Learned counsel for the petitioner submits that the petitioner has been apprehended merely on the basis of suspicion. It is stated that nothing has been recovered from his possession. He submits that though the informant claims to have seen the miscreants and also claimed that he could identify them but petitioner has not been put on Test Identification Parade. Further submission is that due to enmity and political rivalry, certain persons of different villages have allegedly stated that during investigation they saw the petitioner and three others fleeing away near the “Bandh”. It is further submitted that the petitioner is under jail custody since 22.1.2008 and his antecedent is clean. 2 Learned counsel for the State submits that some of the persons, of course, of different villages have claimed that they have seen the petitioner on “Bandh” while he was fleeing away towards the Canal. However, he concedes that as per the case diary neither any recovery has been made from the possession of the petitioner nor he has been put on Test Identification Parade. In the facts and circumstances of the case and in view of the aforesaid submissions, petitioner Lal Patha Raut is directed to 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 Chief Judicial Magistrate, Saran, Chapra, in connection with Panapur P.S. Case No. 01 of 2008. S.Ali (Dr. Ravi Ranjan, J.)