ORDER Heard the learned counsel for the petitioner and the learned APP for the State. 2. This Court, vide order dated 03.03.2022, had issued notice to the Superintendent of Police, Bhojpur at Ara and while issuing notice, the following observations were made:— “Perused the materials on record as also the case diary, from which it is apparent that no Test Identification Parade has been held till date. This Court has experienced in numerous cases, registered against unknown miscreants on the allegation of committing loot, snatching etc. that no Test Identification Parade is being held after the suspect is apprehended, so as to ascertain the complicity of such a suspect in the alleged crime, resulting in improper and slipshod investigation as also leading to unnecessary incarceration of a suspect who may be innocent. This has also resulted in unnecessarily overburdening the Court’s docket. Another antithesis of non-conduct of Test Identification Parade is that such lacuna is used by the accused persons, to their advantage, for the purposes of grant of bail. Thus, now the time has come when some strict criteria/ guidelines are required to be laid down for the purposes of holding the Test Identification Parade, immediately upon arrest of such suspects/ accused persons. As far as the present case is concerned, the F.I.R. is stated to have been registered on 01.11.2020 against unknown miscreants and the petitioner is stated to be in custody since 21.01.2021, however till date, no Test Identification Parade has been held by the police, which is inexplicable. In such view of the matter, this Court directs the Superintendent of Police, Bhojpur at Ara to file his personal affidavit, disclosing the reasons for not conducting the Test Identification Parade in the present case and further informing this Court as to what action has been taken against the Investigating Officer/ Officer-in-Charge of the concerned police station for the said laches and dereliction in conducting proper investigation.” 3. On 23.03.2022, the Superintendent of Police, Bhojpur at Ara and the Superintendent of Police, Rail, Patna had appeared before this Court and filed their respective show cause. On 23.03.2022, the Superintendent of Police, Bhojpur at Ara and the Superintendent of Police, Rail, Patna had appeared before this Court and filed their respective show cause. The Superintendent of Police, Rail, Patna had submitted before this Court that necessary action has been taken against the Investigating Officer for his slackness and improper investigation, however it had also been submitted that instructions have been circulated by the Bihar Police Headquarter (Establishment and Legal Department) vide letter dated 16.03.2022, issued under the pen and signature of the D.I.G. (Human Rights) Bihar, Patna, whereby and whereunder all the Senior Superintendent of Police/ Superintendent of Police/ Superintendent of Police (Rail), Bihar have been directed to conduct Test Identification Parade immediately upon arrest of the unknown accused persons in connection with any crime. It would be apt to reproduce the aforesaid letter dated 16.03.2022, hereinbelow :— ^^lsok esa] lHkh ojh; iqfyl vèkh{kd ¼fcgkj½ lHkh iqfyl vèkh{kd ¼jsy lfgr½] fcgkj izlax%& Cr. Misc. No. 34260/2021 lwjt dqekj 'kekZ cuke fcgkj jkT; ,oa vU; esa fnukad&03-03-2022 dks ikfjr vkns'k ds lacaèk esaA fo"k;%&izkFkfedh esa ntZ vKkr vfHk;qDrksa dh fxjÝrkjh ds i'pkr Test Identification Parade djkus ds lacaèk esaA mijksDr izlaxkèkhu fo"k; ds lacaèk esa dguk gS fd Cr. Misc. No. 34260/2021 lwjt dqekj 'kekZ cuke fcgkj jkT; ,oa vU; ¼ckadk ftykUrxZr jtkSu Fkkuk dkaM lañ&407@2019 ls mRiUu½ esa fnukad&03-03-2022 dks lquokbZ ds Øe esa ekuuh; mPp U;k;ky;] iVuk }kjk Test Identification Parade ds lacaèk esa vkns'k ikfjr fd;k x;k gS] ftldk izHkkoh va'k fuEu izdkj gS%& Thus, now the time has come when some strict criteria/ guidelines are required to be laid down for the purposes of holding the Test Identification Parade, immediately upon arrest of such suspects/ accused persons. vr% vki lHkh dks funs'k fn;k tkrk gS fd izkFkfedh esa ntZ vKkr vfHk;qDrksa dh fxjÝrkjh ds i'pkr fuf'pr :i ls Test Identification Parade djkuk lqfuf'pr djsaxsA ekuuh; U;k;ky; ds mDr vkns'k ls vius vèkhuLFkksa dks voxr djkrs gq, vuqikyu lqfuf'pr djsaA vuqñ&;FkksifjA gñ@& iqfyl mi&egkfujh{kd ¼ekuokfèkdkj½] fcgkj] iVukA izfrfyfi%&1- vij iqfyl egkfuns'kd] vijkèk vuqlaèkku foHkkx] fcgkj] iVuk dks Ñi;k lwpukFkZ ,oa vko';d fØ;kFkZ izsf"krA 2- lHkh {ks=h; iqfyl egkfujh{kd@iqfyl mi&egkfujh{kd dks lwpukFkZ ,oa vko';d fØ;kFkZ izsf"krA gñ@& iqfyl mi&egkfujh{kd ¼ekuokfèkdkj½ fcgkj] iVukA** 4. This Court, prima facie, is satisfied at the moment, with regard to the steps taken by the Police Department, as aforesaid but would expect strict compliance of the guidelines mentioned in the aforesaid letter dated 16.03.2022. 5. Now coming back to the present case, the present petition has been filed by the petitioner seeking regular bail in connection with Ara Rail PS case no. 43 of 2020 instituted for the offences punishable under Sections 326, 307, 379 of Indian Penal Code. In the present case, the Test Identification Parade has been conducted and a report has been submitted, however, the informant could not identify the petitioner to be the miscreant who had perpetrated the crime in question. 6. The case of the prosecution in brief is that the informant, on the relevant date and time, was travelling on a Shuttle train and when the train stopped, one unknown miscreant had come at his seat and snatched his mobile phone, however the informant had caught him on the railway platform, nonetheless, the said miscreant had pushed the informant, resulting in him falling down and sustaining injuries. 7. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 21.01.2021. The learned counsel for the petitioner has further submitted that the petitioner is an accused in two other cases but he has been implicated in both the cases only after the petitioner was arrested in some other case. As far as the present case is concerned, the petitioner was remanded in this case after being arrested in one other case. It is also the contention of the learned counsel for the petitioner that neither any looted mobile phone has been recovered from the possession of the petitioner nor there is any material on record to suggest the complicity of the petitioner in the alleged crime, especially on account of the fact that in the Test Identification Parade held by the police, the informant has not been able to identify the petitioner as the miscreant who had committed the alleged crime. 8. Per contra, the learned APP for the State Sri Ramchandra Singh has vehemently opposed the prayer for bail and has submitted that paragraph no. 18 of the case diary shows that the confessional statement of the petitioner was recorded, wherein he has confessed his guilt. 8. Per contra, the learned APP for the State Sri Ramchandra Singh has vehemently opposed the prayer for bail and has submitted that paragraph no. 18 of the case diary shows that the confessional statement of the petitioner was recorded, wherein he has confessed his guilt. It is also submitted that in paragraphs no. 24 and 25, the witnesses have corroborated the incident in question, however it has not been denied that the petitioner was not recognized by the informant in the Test Identification Parade held by the police. It has also not been shown, from the case diary, that the petitioner had pushed the informant resulting in him falling down from the train and being overrun by the train. 9. Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the parties, taking into account the materials available on record as also considering the fact that the petitioner has not been identified by the informant to be the perpetrator of crime, in the Test Identification Parade held by the police, apart from the fact that there is no material available on record to show that the petitioner had come beneath the train and got injured, I deem it fit and proper to admit the petitioner to the privilege of bail. 10. Accordingly, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Rail PS case no. 43 of 2021. 11. It is directed that a copy of this order be transmitted to the Director General of Police, Bihar, Patna for onward transmission to all the Senior Superintendent of Police/ Superintendent of Police/ Superintendent of Police (Rail), Bihar as also to the Officer-in-Charge of all the Police Stations of the State of Bihar and to other concerned officials for necessary compliance of the aforesaid guidelines issued vide letter dated 16.03.2022 by the Bihar Police Headquarter (Establishment & Legal Department), Patna. 12. 12. A copy of this order be also sent to the Registrar General of this Court for onward transmission to all the District Judges of the Sub-ordinate courts of the State of Bihar with a direction to them to bring this order to the notice of all the Judicial Officers. l