IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16223 of 2010 Lal Babu Prasad @ Lal Babu Yadav @ Lal Bahadur Yadav @ Lal Bahadur Shashatri, son of Dwarika Yadav, resident of Village- Baswan Bigha, Police Station Bihar, District-Nalanda. ……Petitioner. Versus The State of Bihar ………………………….Opposite Party. ----------- 3. 15. 07. 2010. Heard learned counsel for the petitioner and the State. The petitioner is languishing in jail since 19. 02. 2010, in connection with a case registered under Section 394 of the Indian Penal Code. The name of the petitioner sprang up during investigation when in paragraph 124 and 125 of the case diary two co-accused persons suggested that though petitioner was not at the place of occurrence, but was watching the whole occurrence from outside and in paragraph 47 of the case diary it has come that the petitioner had a talk with looted mobile of the informant. Submission of the learned counsel for the petitioner is that there is no recovery from the possession of the petitioner and the petitioner has not been put on Test Identification Parade. Moreover, suspicion has been raised after a month of the occurrence. 2 Learned counsel for the State submits that the petitioner's name sprang up in the statement of co-accused and besides the present case, two more cases are pending against the petitioner. Considering the fact that no recovery has been made from the possession of the petitioner nor the petitioner has been put on Test Identification Parade, moreover, suspicion has been raised after a month of the occurrence, let the above named petitioner 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 the Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Bihar P.S. Case No. 18 of 2010. Keeping in view of criminal history of the petitioner, the trial court will be at liberty to cancel the bail bond of the petitioner if he fails to appear during trial on three consecutive dates or get himself involved in any case in future. m.p. ( Dinesh Kumar Singh, J.)