IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1984 of 2011 KISHORE MANDAL Versus THE STATE OF BIHAR ----------- 04/ 25.04.2011 Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State assisted by the learned counsel for the informant. Petitioner is not named in the first information report nor anything has been recovered from his conscious possession. It appears from perusal of the impugned order of the learned Addl. Sessions Judge that prayer for bail of the petitioner was rejected on the ground that he was identified in test identification parade and the police after due investigation submitted charge sheet against him. Learned counsel for the petitioner points out that having similar allegation co-accused Laloo Mandal as well as Pankaj Mandal were granted bail by the court below itself but on account of wrong submission advanced on behalf of the learned Public Prosecutor, bail prayer of the petitioner was rejected by the learned court below. Having gone through the report of the learned Public Prosecutor of Katihar Judgeship as well as case diary, I find that case of this petitioner is almost similar to co-accused Laloo Mandal as well as Pankaj Mandal. Both the above stated co-accused persons have also been identified by the informant in test identification parade and it is obvious from perusal of the case diary that the charge sheet has not only been submitted against the petitioner but also against co- accused Laloo Mandal as well as Pankaj Mandal. It appears to me that - 2 - the learned Addl. Sessions Judge has passed the impugned order without taking note of the materials available on the case diary. Accordingly, above stated petitioner Kishore Mandal is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Falka P.S. Case no. 24/2010. Learned Addl. Sessions Judge III, Katihar be cautious and careful in passing orders on the bail applications in future. Let this order be communicated to the concerned officer. Learned Public Prosecutor, Katihar Judgeship is hereby warned to be more cautious in future while placing materials before the court at the time of hearing of bail applications. Let this order be communicated to the concerned Public Prosecutor of Katihar Judgeship for needful. shahid (Hemant Kumar Srivastava,J)