1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34469 of 2010 SHAMBHU KUMAR @ SHAMBHU SAO @ SHAMBHU KUMAR SAH S/O ARJUN SAO. --PETITIONER Versus THE STATE OF BIHAR --OPP.PARTY 3 07.03.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. In this case, instituted against unknown, petitioner’s name emerged only on the basis of statement of tea vendor who claimed to have seen the petitioner entering into the compartment of the train. But, petitioner was never put on test identification parade nor, as submitted, any step was even teken to put him on test identification parade so that opportunity was given to the informant ( the alleged victim) to identify him. Considering the facts and circumstances of case, the petitioner is directed to be enlarged on bail on his furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Patna, in Rail Bakhtiyarpur (Barh) P.S. Case no.26 of 2 2010, subject to the condition that the petitioner shall remain present before the court below on each and every date till disposal of the case. If the petitioner fails to remain present on three consecutive dates without any reasonable explanation, the privilege granted shall be deemed to be cancelled. AAhmad (Akhilesh Chandra, J.)