High Court granted bail to an accused facing charges under Section 395 IPC who was in custody for nearly a month, directing him to furnish a bond with sureties to the local court.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount to the satisfaction of the learned SDJM, Sherghati, Gaya.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24141 of 2015
Arising Out of PS.Case No. -191 Year- 2014 Thana -SHERGHATI District- GAYA ====================================================== 1. UPENDAR SAO @ UPENDER SAW son of Haridwar Sao resident of Village- Bughaul, P.s Bodh Gaya, Dist- Gaya .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Md.A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 20-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 2.12.2014 in a case registered for the offences punishable under Section 395 of the Indian Penal Code.
It is alleged that the truck loaded with Maida was robbed leading to registration of FIR against unknown. Name of the petitioner sprang up during investigation on confession of co accused Raja alias Gauri Kumar.
A supplementary affidavit has been filed making averments therein that the petitioner was not put on Test Identification Parade. The investigation has already been concluded and Statement has been made in paragraph 3 of the petition that the petitioner is accused in two other cases apart from
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the present one. Similarly situated accused has been granted bail vide Cr. Misc. No. 5001 of 2015.
Considering the aforesaid facts, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Sherghati, Gaya in connection with Sherghati P.S. Case No. 191 of 2014.
(Dinesh Kumar Singh, J)
Anil/-
U T
2 issues framed by the court
Whether an accused charged under Section 395 IPC should be released on bond.
Whether non-conduct of a Test Identification Parade affects the disposal of a bail application.
Upendar Sao @ Upender Saw
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
