IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29158 of 2008 PRAKASH MANDAL,son of Ram Khelawan Mandal, Resident of village-Jai Mangal Tola, P.S. Parbatta (Naugachia),Dist-Bhagalpur. Versus THE STATE OF BIHAR ----------- 02/ 29-09-2008 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Sections 394/302 of the Indian Penal Code. The case in the FIR was instituted against un-known. On suspicion one Pramod Mandal was arrested and confessed his guilt. On his confessional statement six other persons including the petitioner were subsequently arrested and petitioner is in custody since 01.08.2007. It is stated that no test identification parade was held to establish the identity of the petitioner. Learned counsel for the petitioner has referred to paragraph-8 of this petition, wherein it has been stated that said Pramod Mandal was granted bail by this Court by order dated 29.7.2004 passed in Cr.Misc.No.16674/2004. Other accused have also been granted bail as stated in the said 2 paragraph. Learned counsel for the petitioner has also produced the certified copies of the orders. Since this Court has allowed bail to the co-accused who had confessed his guilt and other accused named by the said co- accused has been granted bail and no test identification parade has been held to ascertain the identity of the petitioner although he is in jail since 01.8.2007, this application is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Naugachia in connection with Naugachia P.S.Case No.227/03. A.H./ ( J. N. Singh , J. )