The Patna High Court common order rejected bail applications filed by two petitioners (Md. Aabid and Niraj Kumar) in a case involving s. 394 IPC. The court noted their identification in a T.I.P. despite not being named in the FIR and refused bail pending trial.
Prayer for bail in connection with Sare P.S. Case No. 04 of 2015 stands rejected.
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.29514 of 2015 Arising Out of PS.Case No. -4 Year- 2015 Thana -SARE District- NALANDA (BIHARSHARIFF) ====================================================== 1. Md. Aabid @ Putush S/o Late Md. Nezam resident of Mohalla Faizabad P.S. Barbigha, District Sheikhpura .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.36701 of 2015 Arising Out of PS.Case No. -4 Year- 2015 Thana -SARE District- NALANDA (BIHARSHARIFF) ====================================================== 1. Niraj Kumar S/o Kameshwar Ram Resident of Mohalla - Samachak, P.S. Barbigha, District - Sheikhpura .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.29514 of 2015) For the Petitioner/s : Mr. Anisur Rahman For the Opposite Party/s : Mr. Ajay Kumar No.1(App) (In Cr.Misc. No.36701 of 2015) For the Petitioner/s : Mr. Rajeev Ranjan No.Ii For the Opposite Party/s : Mr. Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 14-10-2015 Both the above stated petitions have arisen out of Sare P.S. Case No. 04 of 2015 registered for the offences punishable under Section 394 of the Indian Penal Code and accordingly, both the above stated petitions are being disposed of by this common order.
Patna High Court Cr.Misc. No.29514 of 2015 (3) dt.14-10-2015
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Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State.
Although, petitioners are not named in the first information report but they were identified by the witnesses in Test Identification Parade.
Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioners on bail and hence, their prayer for bail in connection with Sare P.S. Case No. 04 of 2015 pending in the court of Sri Avinash Sharma, Judicial Magistrate 1st Class, Nalanda at Biharsharif stands rejected.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
2 issues framed by the court
Whether the petitioners should be released on bail in connection with criminal charges under Section 394 IPC.
Whether identification in the Test Identification Parade justifies rejection of the bail application.
1 provisions across 1 enactments
Md. Aabid @ Putush
Niraj Kumar
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
