Allowed

Lal Babu Prasad Kushwaha @ Lal Babu Kumar and Anr. v. The State Of Bihar

Patna HC12 Jun 2018CR. MISC./32328/2018

Case brief

AI extract

What is this about?

Single judge allowed regular bail to petitioners in a criminal case involving murder and unlawful possession of arms, noting their exclusion from the FIR and lack of identification parade. Bail granted on monetary terms with appearance conditions.

What did the court decide?

Petitioners enlarged on bail by furnishing Rs.10,000 each with two sureties of equivalent amount.

Lal Babu Prasad Kushwaha @ Lal Babu Kumar and Anr. Vs The… — Bail and Remand | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32328 of 2018

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Arising Out of PS.Case No. -6 Year- 2017 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI)

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======================================================

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Lal Babu Prasad Kushwaha @ Lal Babu Kumar, S/o Wakil Bhagat @ Wakil Prasad Kushwaha, R/o Vill.- Majhar, P.S.- Pakri Dayal, DistrictWest Champaran (Motihari).

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Ranjeet Kumar Tiwari @ Ranjeet Kumar S/o Shambhu Tiwari, R/o Vill.Ijara, P.S.- Govindganj (Sangrampur), District- East Champaran (Motihari).

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.... .... Petitioner/s Versus

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The State of Bihar

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Shyam Kumar Singh,A.P.P

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 12-06-2018 Heard learned counsel for the petitioners and learned APP representing the State.

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The petitioners, in the present case, are seeking regular bail in connection with Harsidhi P.S. Case No. 06 of 2017, registered for offences alleged under Sections 395/397of the Indian Penal Code and Section 27of the Arms Act.

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Learned counsel for the petitioners submits that petitioners have not been named in the F.I.R., they are in custody since 02.03.2017, but till date no Test Identification Parade has been conducted to establish the identity of the petitioners in the alleged occurrence. It is further submitted that petitioners have been taken

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Patna High Court Cr.Misc. No.32328 of 2018 (2) dt.12-06-2018

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on remand in the present case only on mere suspicion while they were arrested in another case. It is submitted that the petitioners have been made accused in three other cases, however, in all those cases they are on bail. The thrust of the submission is that the police had falsely implicated the petitioners in those cases also where they are not named or otherwise identified in the Test Identification Parade.

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Learned APP for the State is present and has opposed the prayer for regular bail.

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Considering the fact and circumstances of the case, wherein the petitioners are said to be in custody since 02.03.2017, they are not named in the F.I.R and till date no Test Identification Parade could be conducted to get their identification connected with the present case, I am inclined to grant regular bail to the petitioners subject to the condition that the petitioners shall cooperate in course of trial and they will put their appearance as and when required and two consecutive non-appearance in course of trial would invite cancellation of bail by the trial Court without waiting for any application from the prosecution. Let the petitioners, above named, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-

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Patna High Court Cr.Misc. No.32328 of 2018 (2) dt.12-06-2018

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1^st Class, East Champaran, Motihari in connection with Harsidhi P.S. Case No. 06 of 2017 , subject to the conditions U/S 437(3) Cr.P.C.

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(Rajeev Ranjan Prasad, J)

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Arvind/-

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U T

Lal Babu Prasad Kushwaha @ Lal Babu Kumar and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Lal Babu Prasad Kushwaha @ Lal Babu Kumar and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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