IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19414 of 2009 MALLU MALAKAR, SON OF LATE DUKHI MALAKAR, RESIDENT OF MOHALLA LAHARIYA, TOLA, P.S. KOTWALI, DISTRICT GAYA………………………………………………………PETITIONER. Versus THE STATE OF BIHAR……………………………OPPOSITE PARTY. ----------- For the Petitioner : Mr. Mukul Prasad, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. ------------ 3. 5.10.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner has been made accused in a case under Sections 395 and 120(B) of the Indian Penal Code. F.I.R. was lodged against unknown with regard to the loot of attachee, two bags, mobiles and other articles from the informant. The informant had stated that he can identify the miscreants. It has been submitted on behalf of the petitioner that he has been made accused in this case on the basis of suspicion and in spite of the aforesaid facts, petitioner has not been put on T.I. Parade though a request was also made in this regard by the petitioner himself. It is further submitted that no incriminating article has been recovered from the possession of the petitioner and there is nothing in the case diary to show the complicity of the accused-petitioner in the alleged offence. The petitioner is under judicial custody since 26.11.2008. Learned A.P.P. for the State submitted that in paragraph 139 - 2 - of the case diary, it has come that the accused-petitioner being fruit juice vendor has got the victims identified by other co-accused. However, it is admitted fact that there is no recovery from the possession of the petitioner and he has not been put on T.I. Parade. In the facts and the circumstances of the case, petitioner, Mallu Malakar, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with Kotwali P.S. Case No.227/2008. P.S. (Dr. Ravi Ranjan,J)