IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40585 of 2008 JAWED KHAN SON OF SALAUDDIN KHAN, RESIDENT OF VILLAGE NARAINAPUR, P.S. RAM NAGAR, DISTRICT WEST CHAMPARAN. Versus STATE OF BIHAR ----------- 3/ 12-02-2009 Heard. The case is under section 392 of the Indian Penal Code and the informant alleged that while he was coming by motorcycle from Harinagar Sugar Mill to his house, two criminals at the gun point snatched his motorcycle. The informant participated in the T.I.Parade on which the petitioner and two others were put for identification. The informant identified the petitioner only. The identification parade was organized on 07.01.2008. The contention is that the petitioner was in custody in this case from 20.12.2007 and his identification appears of a weak nature. There could not be any reason to suspect the evidence of identification for two reasons that the court below has not recorded that the petitioner has represented to it that he was shown or seen by the informant while being brought from custody in court for remand purposes. Secondly the informant was only person who was traveling by motorcycle and there was none accompanying him. If he could be mistaken anyone in identification of the suspect he could identify other persons also as three persons also were put on suspect of T.I.Parade. The case being rightly pointed out of serious proportion, the petition is dismissed. BTiwary/ ( Dharnidhar Jha, J )