Patna High CourtCR. MISC./18946/2019allowed

Jakir Mian v. The State Of Bihar

2019-03-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18946 of 2019 Arising Out of PS. Case No.-456 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== JAKIR MIAN Son of Late Astullah Mian Resident of Village - Bankath Puraina, P.S.- Chanpatia, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lalan Kumar Verma, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Chanpatia P.S. Case No. 456/18 for the offence under section 394 of the Indian Penal Code.

Learned counsel for the petitioner would submit that the FIR was lodged against unknown. The name of the petitioner surfaced on the confessional statement of driver of the pick van.

Learned counsel submits that petitioner is in custody since 17.11.2018 but he has not been put on TIP. He submits that in a case registered against unknown it is obligatory on the part of the prosecution to put the accused persons on TIP to ensure participation of accused in the crime which has not been

Patna High Court CR. MISC. No.18946 of 2019(2) dt.28-03-2019 2/2 done in the instant case.

Considering the fact that the petitioner is in custody since 17.11.2018 in a case registered against unknown and he has not been put on TIP, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bettiah, West Champaran, in connection with Chanpatia P.S. Case No. 456 of 2018.

(Anil Kumar Upadhyay, J) Ravi/- U T