The Court granted bail to the petitioner in a robbery case, as he was incarcerated for over six months without undergoing a Test Identification Parade.
Directed to be enlarged on bail furnishing a bond of Rs. 10,000 with two sureties of like amount to the Additional Sessions Judge, Barh.
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.11194 of 2017
Arising Out of PS.Case No. -185 Year- 2016 Thana -BARH District- PATNA
====================================================== 1. Bhima @ Bhim @ Bhim Mahto, Son of Naresh Mahto, Resident of village - Dargahi Tola, P.S. Pandarak, District - Patna
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Kashyap For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 10-03-2017 Heard both sides.
The petitioner seeks bail in Barh P.S. Case No. 185/2016, registered for the offence punishable under Section 392 of the Indian Penal Code. Later on Section 395 was added.
The petitioner is not named in the FIR. Name of the petitioner figured in the confessional statement of one Ravi Kumar, but nothing has been recovered from possession of the petitioner. The petitioner is in jail since 02.08.2016, but he has not been put on Test Identification Parade.
Considering the facts aforesaid and the fact that although the petitioner has remained in jail for more than six months, but he has not been put on Test Identification Parade, the petitioner above named is directed to be enlarged on bail on
Patna High Court Cr.Misc. No.11194 of 2017 (2) dt.10-03-2017
2/2
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Barh, Patna in connection with Barh P.S. Case No. 185/2016, corresponding to S.Tr. No. 807/2016.
(Prabhat Kumar Jha, J.)
Rakhi
U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail considering he is in jail for over six months without being put on a Test Identification Parade.
2 provisions across 1 enactments
Bhima @ Bhim @ Bhim Mahto
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
