Niraj Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.22220 of 2016 (3) dt.28-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22220 of 2016 Arising Out of PS.Case No. -4 Year- 2015 Thana -SARE District- NALANDA (BIHARSHARIFF) ======================================================

1. Niraj Kumar S/o Kameshwar Ram Resident of Mohalla- Samachak PS Barbigha, District Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Ranjan No.II For the Opposite Party/s Mr. Umesh Lal Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 28.09.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Earlier prayer for bail of the petitioner was rejected by this court taking note of this fact that the petitioner is said to be identified in test identification parade but petitioner is in jail custody since 10.2.2015 and up till now, charge could not be framed against him as it is evident from the report of the learned trial court. However, submission on behalf of the petitioner is that petitioner and the informant are resident of the same village and moreover, test identification parade of the petitioner was conducted after three months of the alleged occurrence. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge VI, Nalanda

Patna High Court Cr.Misc. No.22220 of 2016 (3) dt.28-09-2016 at Biharsharif in Sessions Trial no. 40/2016 arising out of Sare P.S. Case no. 04/2015.

shahid (Hemant Kumar Srivastava,J) U T