IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8867 of 2011 UMESH MAHTON @ KANWAR Versus THE STATE OF BIHAR ----------- 3 21.04.2011 Heard learned counsel for the petitioner as well as learned counsel for the state. Petitioner is not named in the FIR and it appears that in course of investigation, name of this petitioner came in this case and subsequently, he was arrested and put on Test Identification Parade. Allegedly, two witnesses identified the petitioner as one of the culprits of this case. The contention of learned counsel for the petitioner is that the petitioner was taken into custody by the police from the court while the petitioner was going to surrender before the court in connection with the present case and subsequently, the petitioner was remanded in a false case of Arms Act. It is further contended by learned counsel for the petitioner that the petitioner was produced before the court of Chief Judicial Magistrate, Begusarai on three consecutive dates and between that period, he was shown to the witnesses of the present case and subsequently, he was put on Test Identification Parade in which the aforesaid witnesses claimed to have identified the petitioner. It is further contended by him that so far as criminal antecedent of the petitioner is concerned, prior to institution of the present case; two cases of Arms Act were instituted against - 2 - him in the year, 2004 as well as in the year, 2005 and the petitioner got privilege of bail in the above-said two cases. Taking into consideration the aforesaid facts and circumstances as well as submission of the parties, let the petitioner, namely, Umesh Mahton @ Kanwar be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Muffasil P.S. Case No. 286 of 2010 to the satisfaction of Sri A. K. Tripathi, J.M. Ist Class, Begusarai. AKV/- (Hemant Kumar Srivastava,J.)