Baiju @ Chapa @ Chopa And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12520 of 2019 Arising Out of PS. Case No.-517 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

BAIJU @ CHAPA @ CHOPA Son of Satyendra yadav @ Satendra Yadav Resident of Village - Jharhapar, P.S.- Karaiparsurai, Distt.- Nalanda. 2.

Satish @ Chhatish @ Chhatish Kumar Son of Surjan prasad Resident of Village - Shan Ke Bigha, P.S.- Karaiparsurai, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Prasad For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-03-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 20.8.2018 in a case registered for the offences punishable under Section 392 of the I.P.C.

The prosecution case as per the written report of Vimlesh Singh, submitted to the SHO, Karauna O.P. is to the effect that on 3.7.2018 at 6.00 P.M., the informant was going to Ranchi by his car, but on the way, his Eighteen Thousand Rupees, two mobile phones and some documents and the chain of his driver and his mobile phone were robbed, leading to registration of the FIR against some unknown. Name of the petitioner sprang up on the confession of co-accused Praduman Kumar.

Patna High Court CR. MISC. No.12520 of 2019(2) dt.01-03-2019 2/2 It is submitted by learned counsel for the petitioner that there is no recovery from the petitioner nor till date the petitioner has been put on Test Identification Parade. It is further submitted that co-accused Praduman Kumar has been granted bail vide order dated 18.12.2018 passed in Cr. Misc. No.76247 of 2018.

Learned APP submits that the name of the petitioner sprang up on the confession of co-accused.

Considering the fact that co-accused Praduman Kumar, on whose confessional statement the name of the petitioner surfaced, has been granted bail, the materials on record, particularly, the impugned order suggests that the petitioner has not been put on Test Identification parade 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 ACJM I, Jehanabad in connection with Jehanabad (Kadauna OP) P.S. Case No. 517 of 2018. (Dinesh Kumar Singh, J) anil/- U