IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50912 of 2008 RAJESH @ LALLU BANSFORE, son of Futun Bansfore, R/0 Mohallah-Murlihilli Bairagi, P.S.Kotwali, District-Gaya. Versus STATE OF BIHAR ----------- 2. 21.1.2009 Heard Sri Ashutosh Singh-II, Advocate for the petitioner and the learned A.P.P. for the State. The case is under Section 392 IPC and the date of occurrence is 18.6.2005. The petitioner was arrested and remanded in the present case on 1.2.2006 in spite of being in custody since 6.1.2006 such a long period there was no attempt made by the investigating officer to put the petitioner on test identification parade. There is no recovery also of any part of the stolen property from the petitioner. The learned Presiding Officer of Fast Track Court No.3, Gaya while dismissing the prayer for bail appears recording that the petitioner was arrested on spot which appears completely an erroneous record of fact. Regard being had to the period of custody without any material justifying the same, let the above named petitioner be released from custody on furnishing P.R. bond of Rs.500/-(five hundred)without any surety to the satisfaction of Chief Judicial Magistrate, Gaya in Delha P.S.Case No.43 of 2005. B.Kr. ( Dharnidhar Jha, J. )