Birbahadur Sah @ Nanhaki v. The State Of Bihar
Patna High Court Cr.Misc. No.15362 of 2016 (3) dt.01-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15362 of 2016 Arising Out of PS.Case No. -2 Year- 2014 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Birbahadur Sah @ Nanhaki son of Kodar Sah resident of village - Shankar Saraiya, Police Station - Turkauliya, District - East Champaran. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ashok Kumar Sinha, Advocate For the Opposite Party : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody in connection with Sangrampur P.S.Case No.02 of 2014 registered for an offence under Section 395 of the Indian Penal Code and Section 3/4 of the Explosive Substances Act.
The earlier bail application of the petitioner was rejected vide Cr.Misc.No.30882 of 2014 dated 29.07.2015. This is the second attempt for grant of bail on behalf of the petitioner. Petitioner is in custody since 10.01.2014, i.e., for more than two years. There is no allegation of tampering of evidence against the petitioner. The petitioner has not been put on test identification parade, but the articles recovered from the possession of the
Patna High Court Cr.Misc. No.15362 of 2016 (3) dt.01-08-2016 petitioner were put on test identification parade and the same were identified by the informant.
On behalf of the State, it has been submitted that the petitioner is not named in the FIR.
Considering the period of custody of the petitioner, let the above named petitioner 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 Sri S.K.Mishra, Judicial Magistrate, Ist Class, Sadar at Motihari (East Champaran) in connection with Sangrampur P.S.Case No.02 of 2014. (Sudhir Singh, J) B.Kr./- U T