IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32604 of 2010 Narendra Rai @ Jyoti Rai, son of Late Ghanshyam Rai Versus State Of Bihar ---------------------------------- For the petitioner : Mr. Ajay Nandan Sahay, Adv. For the State ; Mr. Choubey Jawahar, A.P.P. ------------------------------------ 6. 30.11.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail by orders dated 11.11.2009 and 18.2.2010 vide Cr. Misc. 21554 of 2009 and 6442 of 2010 respectively considering the serious nature of the offence. The prayers for bail has been renewed on the ground of his custody and also that one Rauni Singh similarly placed has been granted bail by this Court vide Cr. Misc. 35969 of 2009. On going through the order dated 18.12.2009 passed in Cr. Misc. 35969 of 2009, it appears that in fact, bail had been granted to the accused Rauni Singh on erroneous ground and on misappreciation of fact. In the said order, it was noted that in the Test Identification Parade, no role had been given to Rauni Singh and it was merely stated that he had been rightly identified but that was not the correct position. In the Test Identification Parade there is specific role assigned to the accused Rauni Singh as well as the petitioner Narendra Rai @ Jyoti Rai that they had been identified 2 boarding the motorcycle after the occurrence of bank dacoity. This fact in my opinion, connects the petitioner and Rauni Singh with the crime since the identifying witness examined in paragraph-13 has stated that he had observed two motorcycles a little ahead of the Bank Gate and had seen the miscreants fleeing away on the same and alerted by their act he had gone inside the Bank and learnt about the dacoity. The petitioner has also submitted that other co- accused persons have been granted bail by this Court. However, the orders produced before me reveals that these accused persons had not been identified in the Test Identification Parade and, therefore, the case was quite different of the petitioner Narendra Rai @ Jyoti Rai. In view of such, the application is dismissed. S.Ali ( Anjana Prakash, J.)