IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35969 of 2009 Rauni Singh, son of Badan Singh Versus State Of Bihar ---------------------------------- 6. 30.11.2011 While hearing Cr. Misc. 32604 of 2010 filed on behalf of the petitioner Narendra Rai @ Jyoti Rai, a submission was made that co-accused Rauni Singh similarly placed had been granted bail by this Court. On calling for the records of this case (Cr. Misc. 35969 of 2009), and going through the order dated 18.12.2009, I found that this Court had committed an error in misappreciating the facts and materials appearing against the petitioner. Even though, in the Test Identification Parade there was a clear assertion that the petitioner had been identified fleeing away on a motorcycle after the bank dacoity, it was merely noted in the order that he had been identified only by one witness but without specifying the role of the petitioner and merely showing that the petitioner was rightly identified. A show cause was issued to the petitioner to which the petitioner has replied. The submission of the petitioner is that there is no misappreciation of facts. The only thing that has been noted in the Test Identification Parade is that the petitioner had been seen coming out from the bank and boarding the motorcycle after the bank dacoity and, therefore, no role has been specified to him. However, I find in para 13, the identifying witness 2 had stated that he had seen a motorcycle parked a little ahead of the Bank gate and had seen some persons boarding the same and fleeing away. Having been alerted by their act, he had gone into the Bank and learnt of the dacoity. In my understanding, this is a definite role which has been attributed to the petitioner connecting him to the dacoity which has just been committed in the Bank. In view of such, the order dated 18.12.2009 is hereby recalled and the petitioner Rauni Singh is directed to make himself available before the Court below within a period of four weeks from the date of receipt of this order. S.Ali ( Anjana Prakash, J.)