Manish Bihari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5250 of 2016 Arising Out of PS.Case No. -142 Year- 2015 Thana -RIGA District- SITAMARHI ======================================================

1. Manish Bihari Singh S/o Ram Babu Singh, Resident of Village- Mohani Mandal, P.S.- Majorganj, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Indra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-02-2016 Counsel for the petitioner seeks permission to make necessary correction at paragraph-3 of the petition as detail of one case has been left to be typed.

Permission is accorded.

Let counsel for the petitioner make necessary correction at paragraph-3 of the petition in course of the day. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is not named in the first information report but from perusal of the impugned order, I find that the name of petitioner came in the statement of witness, Shiv Shankar Sah and after that, some witnesses, too, named the petitioner. Submission on behalf of petitioner is that the

Patna High Court Cr.Misc. No.5250 of 2016 (2) dt.16-02-2016 2/2 aforesaid witnesses stated before the I.O. only to this effect that prior to alleged occurrence, they have seen the petitioner in suspicious condition but the aforesaid witnesses are not eye witnesses of the present occurrence. It is further submitted that except criminal antecedent and so-called confessional statement of petitioner and other accused, there is nothing against the petitioner. It is further submitted that the investigation has already been completed but the petitioner has not been put on test identification parade.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Riga P.S. Case No. 142 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi. (Hemant Kumar Srivastava, J) A.K.V./- U T