Patna High CourtCR. MISC./45217/2015bail granted

Jai Mangal Thakur @ Shivaji @ Shiv Ji v. The State Of Bihar

2016-02-08Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45217 of 2015 Arising Out of PS.Case No. -5 Year- 2009 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Jai Mangal Thakur @ Shivaji @ Shiv Ji Son of Late Kuldip Thakur, resident of Village- Champapur, Police Station- Patahi, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Ram Naresh Roy (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 19.02.2015 in connection with a case registered for the offences punishable under Sections 147/148/149/452/342 and 17 of the C.L.A. Act and 3⁄4 of the Explosive Substance Act.

Learned counsel for the petitioner submits that though the petitioner has been in custody since 19.02.2015 as of today no Test Identification Parade has been conducted for the petitioner. It is submitted that the petitioner is facing prosecution on the basis of the confessional statement made by one co-accused before the Police which has no evidential value. He further submits that other similarly situated persons have been extended the privilege of

Patna High Court Cr.Misc. No.45217 of 2015 (4) dt.08-02-2016 P2/2 regular bail by this court vide Cr. Misc. No. 26557 of 2013, Cr. Misc. No. 39057 of 2011, Cr. Misc. No. 30449 of 2010 and Cr. Misc. No. 2942 of 2012.

Considering the aforementioned facts and circumstances and that the petitioners' case also stand on the similar footing as that of other persons, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 9th Additional Sessions Judge, East Champaran, Motihari in connection with Darpa P.S. Case No. 05/2009.

(Anjana Mishra, J) Saif/- U T