IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26072 of 2010 RAJ KUMAR SHARMA Versus STATE OF BIHAR ----------- 2. 03.8.2010. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Mirganj P.S.Case No.204 of 2001 for offence punishable under sections 392 of the Indian Penal Code. Learned counsel for the petitioner submits that the involvement of the petitioner in the present case has simply been made on the basis of an opinion expressed by the Officer Incharge of Siwan Police Station who, on the basis of the description given by the informant, opined that it matched the accused persons, inclusive of this petitioner. Learned counsel submits that although this petitioner has been in custody since 19.5.2007 and has been also remanded in the present case on 7.5.2010, but neither the police has put him on test identification parade nor there is any recovery from his conscious possession. He thus submits that the petitioner has been wrongfully roped in 2 the present case. Having regard to the circumstances of the case and the submissions of the learned counsel for the petitioner, let petitioner Raj Kumar Sharma 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 Shri D.K.Tiwary, Judicial Magistrate, Gopalganj in connection with Mirganj P.S.Case No.204 of 2001 (Trial No.3341 of 2010), subject to the condition that the petitioner would cooperate in the trial of the case and would be attending the court below on each and every date fixed in the case. If the petitioner fails to attend the court below on two consecutive dates fixed without reasonable explanation to the satisfaction of the court below, the court concerned shall be at liberty to cancel the bail bond of the petitioner and initiate proceeding for taking him into custody. ahk (Jyoti Saran, J.)