R.R. Prasad, J. - (1.) HEARD learned Counsel appearing for the Petitioner and learned Counsel appearing for the State.
(2.) LEARNED Counsel appearing for the Petitioner submitted that when Love Bhatia was kidnapped for ransom and was kept confined in a house at Dhurwa the police on getting tip -off reached over there to recover the victim but there ensued encounter in between the police party and the miscreants and in that shoot out, three miscreants were killed whereas Raju Choubey @ Rajendra Kumar Choubey, Amit @ Santosh Kumar and Alok Kumar Singh were apprehended and the police got the victim released from the captivity. Thereupon, the police came to know that the other miscreants are going away in a vehicle towards Patna. On such information when one vehicle Raino was intercepted at Barhi this Petitioner and also two other persons, namely, Arvind Rai and Rakesh Kumar, who were suspected to be the culprit, were apprehended. It was further submitted that those three persons who have been arrested at Dhurwa when were put on test identification parade, were identified by the witnesses but the identification lost its significance as the photographs of all those persons had been published in the daily newspaper and considering this fact they were admitted to bail by this Court and therefore, this Petitioner be also released on bail on parity as the case of the Petitioner stands on better footing than those three persons.
(3.) LEARNED Counsel in this respect further submitted that the photograph of the Petitioner had also been published in the newspaper and in that view of the matter, the Petitioner deserves to be admitted on bail and that the Petitioner has been in custody since 31.7.2009.;