Hon'ble Patna High Court granted bail to the petitioner in a case registered under Sections 328 and 395 IPC, citing the delay in conducting the test identification parade and lack of recovery from his possession as relevant factors.
Release on bail of Rs.10,000 with two sureties of the like amount each.
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Patna High Court Cr.Misc. No.245 of 2014 (3) dt.14-03-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.245 of 2014
====================================================== 1. Qyamuddin Khan Son Of Late Quayum Rasool Khan At Present Resident Of Mohalla - 5/2 H/29 Bhu Kailash Road, P.S.- Ekbalpur, Kolkata (W.B.) Permanent Address- Village - Basarikpur, P.S.- Sikandarpur, District - Balia(U.P.) .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md.Farooque Ahmad Khan, Advocate For the Opposite Party/s : Mr. Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER -------------- 3 14-03-2014 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case which has been registered for offences under Sections 328 and 395 of the Indian Penal Code against unknown 5-6 dacoits.
Submission is that the name of the petitioner has come in the confessional statement of co-accused Kamaljeet Singh Khandewal @ Pappu Singh. Though the petitioner is in custody since 13.09.2013, he has not been put on test identification parade and nothing has been recovered from his possession.
Considering the facts and circumstances of the
case, let the above named petitioner be released on bail on
Patna High Court Cr.Misc. No.245 of 2014 (3) dt.14-03-2014
furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate/concerned court, East Champaran, Motihari in Dumariaghat P.S.Case No. 58 of 2013.
(Shyam Kishore Sharma, J)
Tahir/-
1 issue framed by the court
Whether petitioner is entitled to be released on bail considering the delay in conducting the test identification parade and the circumstances of the case.
1 provisions across 1 enactments
Qyamuddin Khan
The State of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
