Shashi Kumar @ Shashi Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29159 of 2017 Arising Out of PS.Case No. -415 Year- 2016 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================
1. Shashi Kumar @ Shashi Kumar Chaudhary son of Shree Satrudhan Chaudhary, resident of Village- Sadalpur, Kaluhapaigampur, P.S. Kanti, District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is languishing in custody for the offences punishable under Sections 457/380 of the Indian Penal Code.
The F.I.R. of the occurrence of theft is against unknown. Initially name of the petitioner transpired in the confessional statement of co-accused and thereafter the petitioner allegedly confessed before the police.
Submission of the learned counsel for the petitioner is that petitioner has got no criminal antecedent and he is in custody since 06.08.2016. However, he was never put on
Patna High Court Cr.Misc. No.29159 of 2017 (2) dt.04-07-2017 2/2 Test Identification Parade and the confession has been obtained under force in police custody.
Considering the aforesaid facts, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, West, Muzaffarpur/Successor Court, in connection with Kanti P.S. Case No.415 of 2016, with condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioner in this case.
(Birendra Kumar, J) Mkr./- U T