IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10389 of 2009 MD.MANJOOR ALAM @ MD.MANJOOR, Son of Md. Shamshual Haque, resident of village – Motiyarpur, P.S. – Jalalgarh, District – Purnia. …….. Petitioner. Versus THE STATE OF BIHAR …….. Opp. Party. ----------- 03/ 27.04.2009 Heard Sri Pramod Kr. Mallick, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The solitary ground for renewing the prayer for bail that a similarly situated accused, who was also identified in the flash of the head light of the vehicle and named in the FIR, has been admitted to bail by the learned Sessions Judge, Purnea in Bail Petition No. 1431 of 2008 by order dated 17.2.2009 (Anneuxre-3) and this petitioner is in custody since 27.8.2008. I have perused the order passed by the learned Sessions Judge and I find that the learned Sessions Judge was completely at error in passing an erroneous order, which was against the facts of the case. The learned Judge could not even pick up the simple fact that when petitioner before him, Mukhtar, had been identified and named as such in the FIR, there could not be any question of holding TIP. Similar was the case of this petitioner and his prayer was dismissed. - 2 - The prayer for bail of the petitioner Md. Manjoor Alam is against dismissed with a direction to the Sessions Judge, Purnea to issue notice to Mukhtar on cancellation of his prayer for bail in the light of the facts and pass an order in accordance with law. DKS/ (Dharnidhar Jha, J.)