Ram Kishore Singh @ Fekan Singh @ Baba @ Nageshwar Baba v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11034 of 2019 Arising Out of PS. Case No.-402 Year-2018 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Ram Kishore Singh @ Fekan Singh @ Baba @ Nageshwar Baba Son of Late Nand Kishore Singh Resident of Mohalla - Badi Patandevi, P.S. Alamganj, P.O. Gulgarbagh, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arbind Kumar Singh For the Opposite Party/s :
Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-02-2019 Heard learned counsels for the parties.
The petitioner is languishing in custody since 15.10.2018 in a case registered for the offences punishable under Sections 395,397 and 412 of the I.P.C.
The prosecution case is that on commission of dacoity in the house of the informant, the FIR was lodged against unknown. Name of the petitioner appeared in the confessional statement of co-accused Anket Kumar and Shambhu Kumar. It is submitted by learned counsel for the petitioner that though the house of the petitioner was raided but no incriminating article was seized. It is further submitted that though the place of seizure was under surveillance but the impugned order suggests that charge sheet was submitted
Patna High Court Cr.Misc. No.11034 of 2019(2) dt.25-02-2019 2/2 without analyzing the same. It is further submitted that till date the petitioner has not been put on Test Identification Parade. The petitioner is accused in three other cases but it is submitted that in those cases he is on bail.
Learned APP submits that the name of the petitioner surfaced on the confessional statement of co-accused. Considering the nature of recovery, the fact that till date the petitioner has not been put on Test Identification Parade, the investigation has already been concluded and the period under custody, 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 the learned SDJM, West, Muzaffarpur in connection with Kanti P.S. Case No. 402 of 2018 (Dinesh Kumar Singh, J) anil/- U