IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12427 of 2011 Ramashish Dom @ Ramashish Dome Versus The State Of Bihar ----------- 3 19-07-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is not named in the first informant report and it appears from perusal of the impugned order as well as submission of the parties that the name of this petitioner came in this case in confessional statement of co-accused. Subsequently, the petitioner was arrested and he was put on Test Identification Parade and it is stated that he was identified by son of the informant in the above-said Test Identification Parade. Learned counsel for the petitioner submits that the petitioner alongwith four other co-accused persons were put on Test Identification Parade and the witness claimed to have identified almost all the accused persons incluiding the petitioner and one co-accused, Kamlesh Dom but subsequently, aforesaid Kamlesh Dom challenged the aforesaid Test Identification Parade on the ground that on the alleged date of occurrence, he was in Jehanabad jail in connection with one Sessions Case and the trial court called for a report from Jehanabad Jail on the petition of co-accused, Kamlesh Dom and, thereafter, the Jail Superintendent, Jehanabad reported - 2 - that on the date of occurrence of this case, the aforesaid Kamlesh Dom was in jail. So, the very credibility of the aforesaid Test Identification Parade falls on the ground. Learned Additional Public Prosecutor fairly concedes this fact that except the confessional statement as well as Test Identification Parade, there is nothing against the petitioner. Considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioner, namely, Ramashish Dom @ Ramashish Dome be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sessions Trial No. 616 of 2010 arising out of Gopalpur P.S. Case No. 53 of 2009 to the satisfaction of Additional Sessions Judge-VIII, Patna. AKV/- (Hemant Kumar Srivastava,J.)