The Patna High Court granted bail to the petitioner in a criminal case involving Sections 457 and 380 of the IPC, noting objections regarding the delay in conducting a test identification parade.
Release on bail by furnishing a bond of Rs. 10,000/- with two sureties of equivalent amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5440 of 2014 ====================================================== Mithun Kumar, S/O Late Ram Nath Paswan, Resident of Village- Shahpur, P.S- Maner, District- Patna. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Raj Bansh Dubey, Advocate. For the Opposite Party : Mr. Narendra Kr. Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 3 08-05-2014 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in a case which has been registered under Sections 457, 380 of the Indian Penal Code. Submission is that the petitioner has not been put on test identification parade though he is in custody since 29.4.2013. His name has come only on the basis of confessional statement which has got no evidentiary value.
Considering the facts and circumstances of the case,
let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
Patna High Court Cr.Misc. No.5440 of 2014 (3) dt.08-05-2014
2
like amount each to the satisfaction of the learned Chief Judicial
Magistrate/court concerned, Patna in connection with Rajiv Nagar
P.S. Case No. 124 of 2012.
(Shyam Kishore Sharma, J.)
KKSINHA/-
1 issue framed by the court
Whether bail is tenable when the petitioner has been in custody since April 29, 2013 without being put on a test identification parade and the impugned charge relies solely on a confessional statement
Mithun Kumar
The State of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
