Bail granted to the petitioner in a case under IPC Sections 395/397. Petitioner alleged false implication and lack of T.I.P. identification, being on bail in another case.
Petitioner directed to be released on bail bond of Rs. 10,000/- with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42017 of 2012
====================================================== Rabindra Safi, Son of Ram Kishun Safi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 01-04-2013 Heard learned counsel for the petitioner and learned
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary.
The petitioner, who is languishing in custody, seeks bail in a case registered under Sections 395 and 397 of the Indian Penal Code. In this case, instituted against unknown, petitioner’s name appears emerging during investigation in extra judicial confession of co-accused.
Submission is of false implication and petitioner was not identified during test identification parade and from the possession of the petitioner one common article was recovered, but for the reasons best known, the same was not put on test identification parade . Further, the petitioner carries one single criminal case against him, wherein, he is on bail .
If it is so , having regard to the facts and circumstances of the case, the petitioner above named 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 Additional Chief Judicial Magistrate, Benipur, in connection with Bahera P.S. Case No. 226 of 2010, subject to condition to remain physically present
Patna High Court Cr.Misc. No.42017 of 2012 (3) dt.01-04-2013
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before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled.
Praveen-II/-
(Akhilesh Chandra, J)
1 issue framed by the court
Whether bail should be granted to the petitioner who was falsely implicated and not identified in the T.I.P.
RABINDRA SAFI
THE STATE OF BIHAR
AKHILESH CHANDRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
