IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11933 of 2008 SHAHBAZ @ SANTOSH SHARMA @ KALI @ KALLU @ ASHUTOSH SHARMA Versus STATE OF BIHAR ----------- 3. 15.7.2008 Heard. The earlier prayer of the petitioner for bail was dismissed vide Annexure-1 on the ground that the petitioner had been identified. The earlier order passed by this Court in Miscellaneous petition no.38203 of 2007 also appears not expressing a confirmed view that the petitioner was really identified in the T.I. parade. After hearing learned counsel for the petitioner and after having perused the T.I. chart (Annexure-3) what could be said is that there was no evidence of identification about the participation of the petitioner as one of the dacoits or criminals who had participated in the commission of the dacoity and murder during that course. The T.I. chart contains the statement of the witness Navratan Lal and on careful consideration of the statement in the T.I. chart one could find that it does not have anything to do with the present occurrence. Regard being had to the facts and circumstances of the case, let petitioner namely Shahbaz @ Santosh Sharma @ Kali @ Kallu @ Ashutosh Sharma 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 the Addl. Chief Judicial Magistrate, Danapur, in connection with Danapur P.S. case no.244 of 2006. sudip ( Dharnidhar Jha, J ) - 2 -