Pradip Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.22475 of 2015 (5) dt.09-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22475 of 2015 Arising Out of PS.Case No. -86 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Pradip Kumar son of Suresh Paswan resident of village Chhotaki Dighi P.S. Hajipur Sadar, District - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s Mr. Dinesh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05/ 09.12.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

First information report was lodged against one Pradeep and some others.

Petitioner was arrested in course of investigation. Learned court below has mentioned that petitioner was identified by the informant which is evident from para 34 of the case diary but from perusal of the aforesaid paragraph, I find that identification parade of the petitioner was not arrayed by the Investigating officer in accordance with law.

Moreover, trial court has reported that the Investigating officer has not prayed for test identification parade. Petitioner has not been identified in test identification parade and is lying in jail custody since long. Accordingly, petitioner is directed to be released on bail on

Patna High Court Cr.Misc. No.22475 of 2015 (5) dt.09-12-2015 furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Sadar P.S. Case no. 86/2015. shahid (Hemant Kumar Srivastava,J) U T