IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7135 of 2009 BASUDEO MALAKAR @ DISCO MALAKAR, Son of Late Fagu Malakar Versus STATE OF BIHAR ----------- 2. 01.05.2009 Heard learned counsel for the petitioner and the state. Petitioner is in custody in connection with Konch P.S. Case No. 57/05 registered for offence u/S 396 of the Indian Penal Code. Counsel for the petitioner submits that petitioner is not named in the F.I.R. as accused. On the basis of confessional statement of one, Bijuli Paswan, petitioner’s name has been implicated though there is no recovery of alleged articles from his physical possession. It has also been submitted that the petitioner is an elderly man of 70 years. He is in custody since 14.12.2007 but till date, he has not been put on Test Identification Parade. Considering the fact, prayer for grant of bail is allowed. The petitioner above-named will be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Konch P.S. Case No. 57/05 to the satisfaction of Chief Judicial Magistrate, Gaya. AKV/ ( Mridula Mishra, J )