Sujit Kumar Chauarasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33087 of 2018 Arising Out of PS. Case No.-5 Year-2018 Thana- GADHPURA District- Begusarai ====================================================== Sujit Kumar Chauarasiya, son of Mahesh Chaurasiya, resident of Village Dharmpur, P.S. Gadhpura, District Begusarai.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Shekhar For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-06-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Gadhpura P.S. Case No. 5/18 for the offence under sections 385 and 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. The petitioner is not named in the FIR. There is specific allegation against one Lalua and not this petitioner.

Counsel for the petitioner submits that in a case like the instant where identification of the accused is to be established in TIP and non-holding of TIP goes against the prosecution. He submits that in the instant case, the petitioner was not put on TIP. He was not named in the FIR.

Patna High Court Cr.Misc. No.33087 of 2018(2) dt.07-06-2018 2/2 Considering the fact that petitioner has remained in custody for three months, he was not put on TIP and his name was not mentioned in the FIR, 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 Sri Ravindra Kumar, Sub Judge-VI cum A.C.J.M., Begusarai, in connection with Gadhpura P.S. Case No. 5 of 2018.

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