IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20814 of 2010 HABIB NADAF Versus THE STATE OF BIHAR ----------- 02. 23.06.2010 Heard learned counsel for the petitioner and the State. Petitioner is languishing in jail since 17.07.2009 in a case registered under Sections 395, 397 of the I.P.C. The name of the petitioner sprang up in the confession of the co-accused. It is submitted by learned counsel for the petitioner that there is no recovery from the possession of the petitioner nor he has any criminal antecedent and a statement to that effect has been made in paragraph 17 of the petition but petitioner has been identified by the informant and his son describing the accused to be standing at the P.O. with baton in his hand. It is submitted by learned counsel for the petitioner that the T.I. Parade has no meaning in view of the fact that petitioner was arrested on 17.07.2009 and T.I. Parade was held on 24.08.2009 along with two other accused persons. Hence under certain misconception petitioner’s identification has been done. It is further submitted that in the F.I.R. the specific case of the prosecution is that the accused involved with the case were 22 to 30 years of age whereas the age of the petitioner is about 60 years. 2 Considering the fact that petitioner has no criminal antecedent and the delayed conduction of the T.I. Parade, let the petitioner namely Habib Nadaf 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, Muzaffarpur in connection with Katra P.S. Case No. 83 of 2009. Shageer (Dinesh Kumar Singh, J.)