IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 34554 of 2009 Fekan Mahto, son of late Anandi Mahto, resident of village – Banshgarha (Khawa) Bind Toli, Medani Chauki, P S – Medani Chauki, district – Lakhisarai - Petitioner Versus State of Bihar - Opposite Party ----------- 2 16.09.2009 The petitioner is in custody since 07.01.2009 in relation to (Piri Bazar) Suryagarha Police Station Case No 25 of 1991 instituted under Section 397 of Indian Penal Code which is pending trial before learned Additional Sessions Judge, Lakhisarai. Pertitioner’s earlier bail application was rejected by this Court by order passed in Cr Misc No 16169 of 2009 by order dated 20.05.2009 with a liberty to renew the prayer after charges are framed before the trial Court. Petitioner filed application for bail directly to this Court after charges were framed and, as such, by order dated 02.09.2009 passed in Cr Misc No 32351 of 2009, he was directed to first move the trial Court and then come to this Court. He has, accordingly, moved the trial Court. Petitioner has been involved in the present case on the confessional statement of a co-accused. Even though he has been in custody for almost 9 months, he has not been put on test identification parade. There has been no recovery from the petitioner of any article at any point of time. It has been pointed that one Ramashray Mahto, a similarly placed co-accused has already been granted bail by this Court in Cr Misc No 48161 of 2005 by order dated 01.02.2006. 2 In the facts and circumstances of the case, the petitioner Fekan Mahto is directed to be released 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 Additional Sessions Judge, Lakhisarai in Sessions Trial No 230 of 1996 arising out of (Piri Bazar) Suryagarha Police Station Case No 25 of 1991 subject to the condition that the petitioner will be physically present on each and every date in the case concerned. M.E.H./ (Navaniti Prasad Singh)