IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43160 of 2008 DEVENDRA YADAV, Son of Rampyar, Resident of Village- Dumarahar Khurd, P.S.- Darauli, District- Siwan :---- Petitioner. Versus STATE OF BIHAR:------ Opposite Party ----------- For the Petitioner :Mr. Ravi Ranjan-I, Advocate. For the Opposite Party : Mr. Nitya Nand Tiwari, A.P.P. ===== 2. 20.11.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Sections 364A and 380/34 of the Penal Code which was registered against 10-12 unknown accused persons. Petitioner, however, has been named in the statement of the victim recorded under Section 164 Cr.P.C. which is contained in Annexure-2 to this application. It is submitted on behalf of the petitioner that petitioner is not the same Devendra who has been named in the statement of the victim recorded under Section 164 Cr.P.C. and this fact can be verified by putting him on Test Identification Parade as if he is put on Test Identification Parade, he will not be identified by the victim. Having heard counsel for the petitioner and the State I dispose of this application with direction to the Chief Judicial Magistrate, Siwan to ensure that petitioner is put on Test Identification Parade and the victim should be asked to identify him. In the event victim is unable to identify the petitioner, he, namely, Devendra Yadav be released on bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Guthni P.S.Case No. 10 of 2008 but if in the Test Identification Parade petitioner is identified by the victim, he should not be released on bail and should undergo the trial. P.K.P. (V.N.Sinha,J.)