IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18470 of 2008 SHAMBHU PASWAN Versus STATE OF BIHAR ----------- 4 21-07-2008 Heard learned counsel for the petitioner and also learned APP on behalf of the State. The petitioner is an accused in a case u/ss 398, 307 and 353 of the Indian Penal Code. As per the allegation the miscreants opened fire on the police party and in defence the police also opened fire as a result of which one Akaldeo Paswan sustained injuries. He confessed before the police and named the petitioner and one Jamun Paswan as his associates. Petitioner and Jamun Paswan were put on T.I. parade held on 23.8.2006 in which petitioner was identified by one witness. According to learned counsel the petitioner was arrested by the police on 18.8.06. Sri Suresh Chandra Mishra, Officer-in-charge of the police station participated in the T.I. parade and identified the petitioner. Learned counsel submitted that such identification has little value as the petitioner was in the custody of the police. Learned counsel further submitted that petitioner is in custody since 18.8.2006 and accused Jamun Paswan has been allowed bail by another bench of this court. In the facts and circumstances of the case, the petitioner, namely, Shambhu Paswan is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of Sri M.M. Choudhary, - 2 - Additional Session Judge, Fast Track Court ,V, Bhagalpur in Sessions Trial no. 1612/2006. BKS/ (M. Saran, J.)