High Court Patna granted bail to a petitioner held in custody for over six months in a case involving Section 413/414 IPC offences where he was named based on co-accused statement but not yet put on T.I. Parade.
Petitioner to be released on bail on furnishing bonds of Rs.10,000/- with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17012 of 2019
Arising Out of PS. Case No.-278 Year-2017 Thana- BHARGAMA District- Araria
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Md. Imtiyaz @ Imtaz, S/o Yusuf @ Md. Yusuf, Resident of village- Nandana, Ward No.6, P.S. Jadia, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 25-03-2019 Heard learned counsel for the petitioner and State.
The petitioner is in custody in connection with Bhargama P.S. Case No. 278 of 2017 for the offence under Sections 413 and 414/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner has been made accused in the instant case on the basis of disclosure made by co-accused Md. Koushar and Gurusharan Kumar to this effect that the petitioner is involved in running the gang of lifting and selling the motorcycle. He further submits that the petitioner is in custody since 12.09.2018, yet he has not been put on T.I. Parade.
Considering the fact that the petitioner has remained in custody for more than six months and he has not been put on T.I. Parade in a case where his name surfaced on the basis of concessional statement of co-accused, the petitioner, named
Patna High Court CR. MISC. No.17012 of 2019(2) dt.25-03-2019 2/2
above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Bhargama P.S. Case No. 278 of 2017.
(Anil Kumar Upadhyay, J)
uday/-
U T
1 issue framed by the court
Whether the petitioner, held in custody for over six months without T.I. Parade in a case based on co-accused disclosure, should be released on bail.
Md. Imtiyaz @ Imtaz
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
