IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7584 of 2008 RAM NARAYAN SINGH @ GHATO SINGH @ RAJAN Versus STATE OF BIHAR with Cr.Misc. No.3986 of 2008 BIPIN KUMAR RAI Versus THE STATE OF BIHAR with Cr.Misc. No.11269 of 2008 DEVESH DAS Versus STATE OF BIHAR ----------- 7. 06/08/2008 By order dated 1.5.2008 this Court had directed the D.G. of Police, Bihar as well as Superintendent of Police, Begusarai to file affidavit as to why T.I. Parade is not held in cases of road hold-up, highway robbery etc. Affidavits have been filed by the D.G. of Police and the Superintendent of Police in compliance of the said order. From the affidavit of the D.G. of Police, it appears that instructions have been issued to all the Superintendent of Police to ensure that the investigations are completed as per observations made by this Court with regard to requirement of holding of T.I.Parade in such type of cases. This Court hopes that the respective - 2 - Superintendent of Police shall take the matter seriously and issue appropriate orders to the investigating agencies for removing this lacuna in the investigation. The D.G. of Police shall take follow up steps and shall seek informations from the respective Superintendent of Police with regard to compliance of the direction. So far as merits of the case are concerned, all the three petitioners are accused in a case under sections 395 and 412 of the Indian Penal Code. Allegation against petitioners are that they had participated in the crime of dacoity by way of laying a truck and looting away tea leaves loaded on it. From the case diary it appears that except for confessional statement of the petitioners and their statement with regard to use of mobile phone for talking with each other, there is no other material against them. It also does not transpire that any recovery was made from the possession of the petitioners. So far petitioner Ram Narayan Singh and Devesh Das are concerned, they have no criminal antecedents. So far petitioner - 3 - Bipin Kumar Rai is concerned, it is admitted that there is only one case against him of the year 2000 which is under section 7 of the E.C.Act. It is also stated that co-accused, from whose possession recovery has been made, has been granted bail by this Court by order dated 20.3.2008 passed in Cr.Misc.No.5101 of 2008. It is said that petitioner Ram Narayan Singh is in custody since 5.11.2007, petitioner Bipin Kumar Rai is in custody since 18.10.2007 and petitioner Devesh Das is in custody since 6.11.2007. Since there is no likelihood of the trial being concluded in near future and in view of the fact that a co-accused, from whose possession recovery has been made, has been allowed bail by this Court, all the three applications are allowed. Let petitioner Ram Narayan Singh @ Ghato Singh @ Rajan Singh of Cr.Misc.No.7584 of 2008, petitioner Bipin Kumar Rai of Cr.Misc.No.3986 of 2008 and petitioner Devesh Das of Cr.Misc.No.11269 of 2008 be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the - 4 - satisfaction of Chief Judicial Magistrate, Begusarai in Muffasil (Begusarai) P.S.Case No.286 of 2007. Let a copy of this order be handed over to learned counsel for the State. Pradeep/ (J. N. Singh, J.)