IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51470 of 2008 FARMAN KHAN, Son of Gedar Khan, R/0 vill-Dain Marwa, P.S. Ramnagar, District-West Champaran. Versus STATE OF BIHAR ----------- 2. 23.1.2009 Heard Sri Prithvi Nath Mishra, Advocate for the petitioner and the learned A.P.P. for the State. The petitioner’s name does not appear in the FIR of a case under Section 392 IPC and he has not been put on test identification parade in spite of being in custody since 28.3.2008. There is no recovery also from the petitioner. The court below appears influenced more by the criminal antecedent of the petitioner which appearing in a particular paragraph of the case diary. Let the above named petitioner be released from custody on furnishing bond of Rs.3,000/-(three thousand)with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate(Bagaha), West Champaran in Ramnagar P.S.Case No.351 of 2007. B.Kr. ( Dharnidhar Jha, J. )