IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52948 of 2008 MURARI KUMAR SINGH, Son of Ram Sharan Singh, Resident of Village- Simaria, P.S. Fatehpur, District- Gaya --------- Petitioner Versus THE STATE OF BIHAR --------- Opposite Party ----------- 2 21.1.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner’s bail application under Section 395 of the Indian Penal Code has been rejected twice earlier. Refering to the ground for rejection, the petitioner has been identified by two witnesses in the T.I. Parade. Learned counsel for the petitioner submits that the petitioner was taken on remand on 13.4.2007 by the Rail Police Station in a case under Section 25 Arms Act. It is submitted that as per annexure 4/1 which is the Test Identification Report, it appears that the Clerk and one other person of the Railway Police Station has identified the petitioner. It is submitted that in view of the fact that the petitioner was already on remand, the Test Identification becomes doubtful. Be that as it may, considering that 2 the petitioner has remained in custody for about two years, it is directed that petitioner Murari Kumar Singh should be released on bail in connection with Gaya G.R.P. Case No. 204 of 2006 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Railway Magistrate, Gaya. Sanjay (Sheema Ali Khan, J.)