IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40906 of 2010 Pankaj Kumar Sharma, S/o Sri Sachita Nand Sharma. Versus The State of Bihar ------------- 05. 26.07.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 394, 395 and 397 of the Indian Penal Code. The petitioner was refused bail by order dated 14.07.2010 vide Cr.Misc. No. 23403 of 2010 since the petitioner had been identified in the test identification parade. The prayer for bail has been renewed on the ground that similarly situated co-accused Satyendra Manjhi who was also identified in the test identification parade had been granted bail by this Court. When this Court saw the order granting bail to Satyendra Manjhi dated 21.06.2010 it noted that the reason why he was released on bail was that co-accused Navneet and Pankaj (Petitioner) had not disclosed the name of Satyendra Manjhi in their confessional statements despite which he was identified in the test identification parade. It has been submitted that the fact of the matter is that Satyendra Manjhi was also disclosed by Navneet 2 and Pankaj. On going through the paragraphs 35 and 37 of the case diary, I find that learned counsel for the petitioner is correct in his submission that in fact Satyendra Manjhi’s name had been disclosed by both the petitioner as well as Navneet Kumar and, therefore, evidently he has been granted bail on erroneous grounds. In view of such, I am not inclined to grant prayer to the petitioner and am also inclined to cancel the bail of Satyendra Manjhi. Put up this case along with Cr.Misc. No. 12170 of 2010 under the heading ‘For Orders’ so that appropriate action can be taken against the petitioner Satyendra Manjhi who has misled this Court. The Trial Court is directed to send a list of witnesses fixing specific dates to the S.P. Saran at Chapra along with the copy of this order who will ensure the attendance of the witnesses on the said dates so that there is no further delay in trial. Vikash/- (Anjana Prakash, J.)