IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15590 of 2011 Shyam Sundar Choudhary, S/O-Late Umesh Chandra Choudhary Versus The State Of Bihar ---------------------------------- 05 18.11.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is not named in the first information report but it appears from submissions of the parties that in course of investigation, the name of petitioner came in confessional statement of co-accused Qamre Alam @ Munna and subsequently, petitioner was arrested. It is alleged that he was put on Test Identification Parade and he was identified by the informant. Learned counsel for the petitioner submits that, as a matter of fact, petitioner was arrested by the police on 16.01.2011 and he was badly beaten up by the police officials while he was in jail Hajat for which he filed a case against the police officials on the very next day in the court of Chief Judicial Magistrate, Darbhanga. It is further contended by him that being annoyed with the filing of the aforesaid complaint case by the petitioner, police managed the informant and got identified the petitioner in Test Identification Parade whereas earlier when notice was sent to informant and his other family members to participate in Test Identification Parade, they had refused to participate in Test Identification Parade on pretext that they had not identified - 2 - any culprits in course of the alleged dacoity. Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that earlier the petitioner had not been made accused in the case of dacoity, I direct the petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga in connection with Bahadurpur P.S. Case No. 280 of 2010. SHAHZAD (Hemant Kumar Srivastava, J )