The court granted bail to the petitioner in a robbery case. Granting bail was based on the fact that the petitioner was not named in the FIR and had not undergone Trial Identification Parade.
Order for the petitioner's release on bail on furnishing of bond of Rs. 10,000 with two sureties of the like amount.
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.21556 of 2019
Arising Out of PS. Case No.-252 Year-2018 Thana- BIHIA District- Bhojpur
======================================================
DHARMENDER YADAV @ LOHA YADAV Son of Surendra Yadav @ Surendra Singh R/o village- Kachiniya (Danwan), P.S.- Jagdishpur, DistrictBhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Prabhat Kumar Singh For the Opposite Party/s : Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 05-04-2019 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.
The petitioner is in custody in connection with Bihiya P.S. Case No. 252 of 2018 for the offence under Section 395 of the Indian Penal Code.
Learned counsel for the petitioner submits that the instant case was registered against unknown. Learned counsel for the petitioner further submits that the name of the petitioner was disclosed by co-accused in his confessional statement. Learned counsel for the petitioner submits that petitioner is in custody since 27.10.2018 but yet he has not been put on TIP.
Considering the fact that the petitioner was not named in the F.I.R and he has not been put on TIP for identification, the
Patna High Court CR. MISC. No.21556 of 2019(2) dt.05-04-2019 2/2
Court is inclined to grant bail to the petitioner. Let the petitioner named above, 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 learned Additional Chief Judicial Magistrate, 5th Bhojpur, Ara in connection with Bihiya P.S. Case No. 252 of 2018.
(Anil Kumar Upadhyay, J)
T.Kr./-
U T
1 issue framed by the court
Whether bail should be granted to a petitioner in custody for an offence under Section 395 IPC when he was not named in the FIR and not brought on Trial Identification Parade.
Dharmender Yadav @ Loha Yadav
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
