Criminal Miscellaneous application for regular bail in a theft case. The petitioner alleged false implication and lack of investigative steps like TID parade. The Court granted bail citing these factors.
Petitioner directed to be enlarged on bail on furnishing bonds of Rs. 10,000/- with two sureties.
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.2709 of 2020
Arising Out of PS. Case No.-321 Year-2018 Thana- FORBESGANJ District- Araria
======================================================
MD. SUBHAN MIAN @ MD. SUBHAN @ SUBHAN Son of Md. Khatru Resident of Village - Pipra, Tappu Tola, P.S.- Jogbani, District - Araria.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Rana For the Opposite Party/s : Mr.Sanjay Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 20-01-2020
Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Forbestanj (Simraha) P.S. Case No. 321 of 2019 (G.R.No. 1263 of 2018), registered for the offence punishable under Section 392 of the Indian Penal Code.
The allegation is regarding unknown miscreants having snatched motorcycle, cash and some other articles from the possession of the informant.
The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is submitted that though, the petitioner is accused in some other cases, but he is on bail in the said cases and as far as the petitioner is concerned, he is languishing in custody since
Patna High Court CR. MISC. No.2709 of 2020(2) dt.20-01-2020 2/2
20.8.2018. Lastly, it is submitted that neither any Test Identification Parade has been held so as to connect the petitioner with the alleged crime nor any recovery of the snatched articles has been made from the petitioner herein.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, coupled with the fact that no Test Identification Parade has been held so as to implicate the petitioner in the alleged crime and moreover, the snatched articles have also not been recovered from the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.
Accordingly, the above named petitioner is directed to be enlarged 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 J.M. 1st , Araria in connection with Forbesganj (Simraha) P.S. Case No. 321 of 2018 (GR. No. 1263 of 2018).
(Mohit Kumar Shah, J)
ajay gupta/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a theft cognizance case where no Test Identification Parade has been conducted and no articles were recovered.
Whether the petitioner has been falsely implicated and is languishing in custody without sufficient grounds for continued detention.
Md. Subhan Mian @ Md. Subhan @ Subhan
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
