IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20659 of 2009 SANTOSH SINGH, son of Awadh Kishore Singh, resident of village- Kapur Chak, P.S. Nayagaon, District- Saran ……… Petitioner Versus THE STATE OF BIHAR ………. Opp.Party ----------- 6. 12/11/2009 Petitioner, Santosh Singh son of Awadh Kishore Singh, has filed this bail application precisely on the ground that he has become victim of mistaken identity. Learned senior counsel for the petitioner submits that it was one Santosh Kumar Singh son of Sugriv Singh, who was named by Sanjay Singh in his confessional statement after his arrest. Later on, said Santosh Kumar Singh son of Sugriv Singh was arrested, which statement is recorded in paragraph 21 of the case diary. The very same day, said Santosh Kumar Singh was identified by surviving victim which fact is recorded in paragraph 28 of the case diary. Therefore, according to his submission, identification of Santosh Kumar Singh son of Sugriv Singh as an accused involved in the crime stands established. Still, due to similarity of name, this petitioner Santosh Singh son of Awadh Kishore Singh has been arrested. - 2 - The said Santosh Kumar Singh, son of Sugriv Singh was earlier allowed bail by a Bench of this Court by order dated 14.7.2008 passed in Cr.Misc.No.16296 of 2008. The same Bench by order dated 16.1.2009 passed in Cr.Misc.No.32166 of 2008 and other analogous case has issued notice calling upon said santosh Kumar Singh son of Sugriv Singh as to why his bail should not be cancelled as the same was allowed by overlooking paragraph 28 of the case diary. Thus, the said bail application, namely, Cr.Misc.No.16296 of 2008 is revived and is now pending. By perusing the statements made in paragraph 21 along with paragraph 28 of the case diary, it appears to this Court that there may be a mistake of identity due to similarity of name in the arrest of this petitioner. However, since bail application of the said Santosh Kumar Singh son of Sugriv Singh is revived and is pending, this Court is not inclined to allow regular bail to the petitioner. Therefore, this Court directs this application to be listed along with Cr.Misc.No.16296 of 2008 before the Bench where the same is pending with a request to the Bench - 3 - to consider the bail application of this petitioner also and pass final orders as it may deem fit and proper. In view of possible mistake of identity, this Court, during the pendency of this application, directs petitioner Santosh Singh son of Awadh Kishore Singh to be released on provisional bail subject to final orders passed in the case on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara in Jagdishpur P.S.Case No.400 of 2007. Pradeep/ (J. N. Singh, J.)