Patna High CourtCR. MISC./34963/2015bail granted

Rajesh Sahni @ Rajesh Kumar Sahni v. The State Of Bihar

2015-08-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34963 of 2015 Arising Out of PS.Case No. -341 Year- 2013 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Rajesh Sahni @ Rajesh Kumar Sahni son of Ramdeo Sahni Resident of village - Rampur Keshopatti, P.S. - Samastipur (Muffasil), District - Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Kumar Praveen, Advocate.

For the Opposite Party : Mr. Md.Ansarul Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-08-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code.

The petitioner is not named in the FIR. Nothing has been recovered from the possession of the petitioner. The petitioner is in jail since 13.10.2014, but he has not bee put on test identification parade. From the order sheet of the learned Additional Sessions Judge, it appears that the petitioner is identified in para-91 of the case diary.

It is submitted that the same witness made his statement earlier, but he did not claim to identify the petitioner. After more than two weeks the police for the reasons best known to him took

Patna High Court Cr.Misc. No.34963 of 2015 (2) dt.24-08-2015 2/2 the statement of the same witness who is said to have claimed to identify the petitioner, but even then the petitioner has not been put on test identification parade.

Considering the facts aforesaid, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur in Dalsingsarai P.S. Case No. 341 of 2013.

(Prabhat Kumar Jha, J.) KKSINHA/- U T