IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17638 of 2009 ALOK SINGH @ ALOK KUMAR SINGH, SON OF HARENDRA SINGH, RESIDENT OF VILLAGE CHATAR, P.S. BARHARA, DISTRICT BHOJPUR Versus STATE OF BIHAR ----------- 4. 10.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under section 392 of the Indian Penal Code. Petitioner is not named in the first information report. It is stated that later on, petitioner has confessed his guilt and he was identified by the informant in the test identification parade. However, it is submitted that the petitioner is a resident of nearby village and he was known to the informant from before as they had a land dispute between them. It is stated that the informant named the petitioner after 10 to 12 days of the occurrence and, therefore, omission of name of the petitioner in the first information report becomes vital and subsequently, identification of the petitioner in the T.I. Parade becomes meaningless. A supplementary affidavit has been filed to show that there is only one case pending against the petitioner in which he has been allowed bail by this court. - 2 - Petitioner is in custody since 30.8.2008 and it is stated that except the above said case, he has no criminal antecedent. Considering the submissions made by the learned counsel for the petitioner, the application is allowed. Petitioner (Alok Singh @ Alok Kumar Singh) is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri D. Mishra, Judicial Magistrate, Ist Class, Arrah in connection with Arrah Muffasil P.S. Case No. 133 of 2008. B.T (J.N. Singh, J.)