Shiv Nath Bhagat @ Shiv Nath Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3834 of 2015 Arising Out of PS.Case No. -432 Year- 2014 Thana -KANTI District- MUZAFFARPUR ====================================================== Shiv Nath Bhagat @ Shiv Nath Mali, son of Baidhnath Bhagat, resident of Village-Chakmurmur Damodarpur, P.S.-Kanti, District-Muzaffarpur .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Neeraj Kumar Alias Sanidh For the Opposite Party : Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2015 Petitioner is languishing in custody since 25.09.2014 in a case registered for the offences punishable under Sections 395, 397 of the I.P.C.

Accusation is committing dacoity in the house of the informant. The name of the petitioner sprang up during investigation.

It is submitted by learned counsel for the petitioner that petitioner was neither named in the First Information Report nor any recovery has been made from the petitioner nor petitioner has been put on Test Identification Parade. The statements to that effect have been made in para 5 and 6 of the petition.

Considering the fact that petitioner has not been put on Test Identification Parade, 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

Patna High Court Cr.Misc. No.3834 of 2015 (2) dt.29-01-2015 2/2 each to the satisfaction of learned Sub-Divisional Judicial Magistrate(West) Muzaffarpur in connection with Kanti P.S. Case No. 432 of 2014.

Since the petitioner is accused in two other cases, let learned Court below cancel the bail bonds of the petitioner, if the petitioner defaults for three consecutive occasions during trial.

(Dinesh Kumar Singh, J) Shageer/- U T