IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44316 of 2008 GHANSHYAM CHAUDHARY son of Mahendra Chaudhary, resident of village Sripur Sukhasan, P.S. Kishanpur, District Supaul … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Bikramdeo Singh For the State: Shri Dashrath Mehta,APP ----------- 3. 13.2.2009 Heard. Except the criminal antecedent of the petitioner, which is mentioned in the rejection order, there appears nothing which could be taken into consideration for deciding the petition of the present nature but that could not be the ultimate. The fact is that the petitioner is an accused in a case under Section 392 of the Indian Penal Code and is in custody since 3.7.2008 but was neither put on the Test Identification Parade nor anything was recovered from his possession. The evidence of identification could be the most relevant evidence of participation and recovery could be a circumstance either of participation or of receiving the stolen property having knowledge of the same being obtained through 2 such act. There being nothing like that in the present case, let the above named petitioner be released on his furnishing a personal recognizance bond of Rs. 500/- only without any surety to the satisfaction of the Chief Judicial Magistrate, Supaul, in Kishanpur P.S.Case No.57 of 2007. Kanth ( Dharnidhar Jha, J.)