Sunil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14978 of 2019 Arising Out of PS. Case No.-153 Year-2018 Thana- BOCHAHAN District- Muzaffarpur ====================================================== SUNIL KUMAR SINGH Son of Lakshman Singh Resident of VillageJarangdih, P.S.- Gaighat, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Singh For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 3.8.2018 in a case registered for the offence punishable under Section 392 of the I.P.C.

The prosecution case as per the written report of Vikash Kumar submitted to the SHO, Bochahan Police Station on 9.7.2018 is to the effect that on the same day at 8.00 A.M., four miscreants on two motorcycles robbed the motorcycle of the informant along with some official documents and two mobile phones, leading to registration of FIR against unknown. The petitioner was accused in Gaighat P.S. Case No. 258 of 2018 registered under the Arms Act in which he made his confession about his involvement in the present case and, hence, he was remanded in the present case and thereafter, in one other

Patna High Court CR. MISC. No.14978 of 2019(2) dt.12-03-2019 2/3 case.

It is submitted by learned counsel for the petitioner that the petitioner has been made accused on the basis of confession before the police. It is further submitted that there is no recovery from the petitioner nor the petitioner has been put on Test Identification Parade till date, though the investigation has already been concluded. Learned APP submits that the petitioner has made confession about his involvement in the said case. However, he is not in a position to controvert the contention of learned counsel for the petitioner that till date the petitioner has not been put on Test Identification Parade.

Considering the fact that the investigation has already been concluded, the impugned order does not suggest that the petitioner has been put on Test Identification Parade, no recovery has been made from the possession of the petitioner and the period in 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

Patna High Court CR. MISC. No.14978 of 2019(2) dt.12-03-2019 3/3 the learned ACJM- 11, Muzaffarpur in connection with Bochaha P.S. Case No. 153 of 2018.

(Dinesh Kumar Singh, J) anil/- U