IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21788 of 2010 MD.NIZAMUDDIN SON OF MD. ZAINUL ABEDIN, R/O VILLAGE- CHANDAN RATWARA, P.S.- ARAIYA, DISTRICT- MUZAFFARPUR Versus STATE OF BIHAR ----------- 2 30/06/2010 Heard Mr. Ashok Kumar Singh III learned counsel for the petitioner and learned APP for the State. Earlier prayer for bail of the petitioner was rejected twice and last rejection was on 25.11.2009 in which liberty was granted to him that he may renew his prayer for bail before the learned court below after examination of the witnesses who have identified him during test identification parade. Submission is that there is no probability that those two witnesses will be examined in near future before the learned court below and the petitioner is in custody since 19.7.2008. Considering every aspects of the matter that this is a case of dacoity in which the petitioner was identified by two witnesses during test identification parade, earlier observation was granted. There is no change of circumstances. Accordingly, prayer for bail of the petitioner is again rejected. However, the petitioner is at liberty to move 2 before the learned Court below after examination of the witnesses who have identified him during test identification parade. Avin (Shyam Kishore Sharma, J.)