Pappu Mahaldar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12988 of 2015 Arising Out of PS.Case No. -27 Year- 2014 Thana -BHAGALPUR GRP CASE DistrictBHAGALPUR ======================================================
1. Pappu Mahaldar S/o Late Sakal Mahaldar, Resident of village- Lailakh, Police Station- Sabour, District- Bhagalpur .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ajay Mukherjee For the Opposite Party : Mr. Anusaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-04-2015 Petitioner is languishing in custody since 24.08.2014 in a case registered for the offences punishable under Sections 328, 379/34 of the I.P.C.
Accusation is taking away the belongings of the informant by mixing some intoxicant with the banana and biscuits. The First Information Report was lodged against unknown. The name of the petitioner sprang up during investigation.
It is submitted by learned counsel for the petitioner that petitioner has not been put on test identification parade nor any recovery has been made from the petitioner. The statements to that effect have been made in para 8 and 10 of the petition. The impugned order reflects that para 43 of the case diary reflects that informant has failed to identify the petitioner through his photograph.
Patna High Court Cr.Misc. No.12988 of 2015 (2) dt.02-04-2015 2/2 Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Bhagalpur in connection with Bhagalpur Rail P.S. Case No. 27 of 2014.
Since the petitioner has criminal antecedent, let learned Court below cancel the bail bonds of the petitioner, if the petitioner gets substantially involved in similar nature of offence or defaults for three consecutive occasions during trial. (Dinesh Kumar Singh, J) Shageer/- U T