IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34819 of 2007 RAM NARESH SINGH Versus STATE OF BIHAR ----------- 10. 22.7.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Complaint Case No.1497/2004 for the alleged offences registered under section 364 of the Indian Penal Code. It is submitted on behalf of the petitioner that the complainant has made this petitioner an accused on account of total misidentity. As a matter of fact, although the petitioner was posted in the concerned Police Station, but son of the complainant was not picked up by this petitioner rather he was picked up by A.S.I. Rama Shankar Singh. It is further submitted that pursuant to the order dated 18.3.2008 passed in this case, a report was submitted by the S.P., Banka and in the long report after examining the matter in detail it was categorically found that the son of the complainant was picked up by the A.S.I. 2 Rama Shankar Singh and not by this petitioner. On account of illegal action of Rama Shankar Singh, he was departmentally proceeded as would be appearing from Annexure 6 of the supplementary affidavit filed today. The learned APP appearing on behalf of the State on perusal of the aforesaid report is not in a position to refute the submissions made on behalf of the petitioner. Considering the submissions, as noticed above, it is directed that the petitioner Ram Naresh Singh, in the event of his arrest or surrender in connection with Complaint Case No.1497/2004 within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)