Single judge order granting bail to a petitioner in a robbery case pending before the Patna High Court, citing lack of Test Identification Parade and recovery.
Petitioner released on bail by furnishing bond of Rs. 20,000 with two sureties of similar amount, conditioned to cooperate with investigation/trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2851 of 2018
Arising Out of PS.Case No. -50 Year- 2017 Thana -SHERGHATI District- GAYA
.... .... Petitioner/s
Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Paras Nath, Advocate For the Opposite Party/s : Mr. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 16-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with Sherghati P.S. Case No.50 of 2017, a case under Section 392 of the Indian Penal Code.
The F.I.R. of the occurrence of robbery is against unknown. Name of the petitioner had transpired in the confessional statement of the co-accused.
The petitioner is in custody since 01.08.2017. Investigation is complete. The petitioner, however, was never put on Test Identification Parade nor anything was recovered from the possession of the petitioner. Aforesaid is the submission of the learned counsel for the petitioner.
Patna High Court Cr.Misc. No.2851 of 2018 (2) dt.16-01-2018
P2/
Finding substance in the submission aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Mkr./-
U T
1 issue framed by the court
Whether the petitioner should be released on bail considering he has never been put on Test Identification Parade nor anything was recovered from his possession.
1 provisions across 1 enactments
Kamlesh Manjhi @ Vikash Manjhi
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
