IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38029 of 2008 TUTTU MAHTON @ TUTU MAHTON, son of Brahmadeo Mahton, resident of village- Auta, P.S.Hathidah, District-Patna. Versus STATE OF BIHAR ----------- 4. 9.2.2009 Heard Sri Binod Kumar, Advocate for the petitioner and the learned A.P.P. for the State. The case was initially registered under Section 379 IPC which was converted into one under Sections 392 and 411 of the Penal Code. The petitioner is not named in the FIR and is suspected to have his hand in the commission of the offence. The material justifying the suspicion is the confessional statement of some of the accused persons one of which led to the search of the house of the petitioner in connection with the information that the motorcycle was kept inside it but nothing was found therefrom. Subsequently, the bike was recovered from an open place near a hotel, as appears recorded in the rejection order. The petitioner’s involvement as indicated above is only through the confessions of different accused persons. The petitioner is in custody since 31.7.2008 and no attempt was made to put him on test identification parade. 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, Begusarai in Begusarai Town P.S.Case No.367 of 2007. B.Kr. ( Dharnidhar Jha, J. )