IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25068 of 2009 AMRESH YADAV SON OF SHIV NARAYAN YADAV RESIDENT OF VILLAGE ANUAR, P.S. KISHANPUR, DISTT. SUPAUL. ------ PETITIONER. Versus STATE OF BIHAR ----------- 3. 19/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Sections 392 and 412 of the Indian Penal Code. It is submitted that the learned Sessions Judge has wrongly recorded that the recovery of Motorcycle was made from the possession of the petitioner. It is said that the petitioner was on that day was in judicial custody in connection with the only case which is against him from before and therefore there can be no question of any recovery from him. It is also submitted that the petitioner has been implicated only on the confessional statement of one Naresh Yadav who was later on identified in Test Identification Parade by the informant. However, in spite of being in judicial custody, petitioner was not put on Test Identification Parade along with Naresh Yadav or till today. Petitioner is in judicial custody in connection with this case since 27.3.2009. In the only case in which the petitioner is accused from before, he has been allowed bail by this Court. Considering the above facts and specially the fact that in spite of being in judicial custody , the petitioner was 2 not put on Test Identification Parade along with other accused or even after by the Police to establish his participation in the crime, this application is allowed. Let petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties o f the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul, in connection with Kishanpur P.S. Case No. 15 of 2009 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 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. S.Ali (J.N. Singh, J.)