IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31164 of 2008 BUDHU CHOUHAN @ BUDDHU CHAUHAN, SON OF LATE RAMOTA CHOUHAN, RESIDENT OF VILLAGE GANGA SAGAR, P.S. JALALGARH, DISTRICT PURNEA. ------- PETITIONER Versus STATE OF BIHAR ------ OPPOSITE PARTY. ----------- For the petitioner : Mr. Bipin Kumar, Advocate. For the State : Mr. Ansarul Haque, Addl. P.P. 6. 21/1/2009 Heard learned counsel for the petitioner and learned A.P.P. for the State. Petitioner has been made accused under Section 392 of the Indian Penal Code. It has been submitted that there is no material in the case diary against the petitioner except in paragraphs 5 and 24 which are merely hear-say. There has been no recovery from the petitioner. Though the petitioner is under jail custody since 3.3.2008, he has not been put on Test Identification Parade. Learned counsel for the petitioner produces a certified copy of the order dated 8.11.2006 passed in Cr. Misc. No. 44524 of 2006 and states that Navin Yadav, who is a similarly situated accused in the case, has been granted bail by a Bench of this Court. Let the aforesaid order be kept on record. Learned A.P.P. appearing on behalf of the State submits that there is allegation of snatching of motorcycle against the petitioner. However, he could not explain why the petitioner has not been put on Test Identification Parade when the informant says in the First Information Report itself that he - 2 - can identify all the miscreants. In the facts and circumstances of the case, the petitioner Budhu Chouhan @ Buddhu Chauhan is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea, in connection with K. Hat (Sahayak Khajanchi) P.S. Case No. 357 of 2005. S.Ali (Dr. Ravi Ranjan, J.)