Hazari Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33064 of 2018 Arising Out of PS. Case No.-24 Year-2018 Thana- PASRAHA District- Khagaria ====================================================== Hazari Mandal, son of Chaturbhuj Mandal, Resident of Village- Kolbara, P.S. Parbatta, District-Khagaria ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar, Advocate For the Opposite Party/s :
Mr. Sri Suresh Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-06-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner is in custody in connection with Pasraha P.S. Case No. 24 of 2018 registered under Section 395 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he was apprehended on the basis of the clue from spy and thereafter his confessional statement was recorded by the police. Counsel further submits that no incriminating article was recovered from the possession of the petitioner. Since the case was registered against unknown it was obligatory on the part of the prosecution to put the petitioner on Test Identification Parade but nothing was done to establish the identity of the petitioner in the commission of the
Patna High Court Cr.Misc. No.33064 of 2018(2) dt.04-06-2018 2/2 crime.
Considering the fact that the petitioner has no criminal antecedent nor he was put on Test Identification Parade, particularly in view of the fact that the case was registered against unknown, 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 CJM, Khagaria in connection with Pasraha P.S. Case No. 24 of 2018.
Bailors shall be the family members of the petitioner. (Anil Kumar Upadhyay, J) spandey/- U T