IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43589 of 2008 BACHHA JHA Versus STATE OF BIHAR ----------- 3. 14.1.2009 Heard Sri Diwakar Prasad Singh, Advocate for the petitioner and the learned A.P.P. for the State. The petitioner is not named in the FIR of a case under Section 364A IPC. The rejection order does not indicate any substantial basis upon which the petitioner could be imprisoned. The learned A.P.P. concedes that except the criminal antecedent of the petitioner there is no material so much so that even the victim could not name the petitioner as amongst the criminal in his statement recorded in paragraph 19 of the case diary. In spite of being in custody the petitioner was not put on test identification parade for identification. 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, Saharsa in Bihra P.S.Case No.64 of 2008. B.Kr. ( Dharnidhar Jha, J. )