Ajeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15725 of 2020 Arising Out of PS. Case No.-314 Year-2019 Thana- CHAKIA District- East Champaran ====================================================== AJEET KUMAR, aged about 28 years (M), Son of Ram Naresh Rai Resident of Village - Manua, P.S.- Sadar Hajipur, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 06-07-2020 Heard learned counsel for the petitioner as well as learned A.P.P.
Four unknown criminals committed Bank dacoity, whereupon F.I.R. was registered against unknown. As per para22, CCTV footage was handed over on 16.9.2019, that means to say three days after the occurrence. Now, the theme taken a twist. As per para-26 CCTV footage was shown at Sadar Thana, Hajipur, Vaishali while the occurrence is of Chakiya Thana, East Champaran. After seeing CCTV footage, the informant was acknowledged that all the miscreants are of Hajipur. It is also evident from para-26 itself that a spy disclosed the names of all the miscreants including the petitioner and then, para-27, 28 is the statement of Chaukidar Shivdayal Paswan, Jageshwar Paswan, who named the petitioner and others. Even after arrest,
Patna High Court CR. MISC. No.15725 of 2020(3) dt.06-07-2020 2/2 the petitioner has not been put on Test Identification Parade nor any kind of scientific measure has been taken up in order to trace out genuineness of the pen-drive, tallying the same corresponding to the petitioner. That means to say, there happens to be absence of scientific linkage. More over, from the case diary, no description of criminal antecedent of the petitioner is there. Para-3 of the petition also speaks about clean antecedent of the petitioner.
Thus, the petitioner Ajeet Kumar, is directed to 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 13th Addl. Chief Judicial Magistrate, Motihari, East Champaran in Chakia P.S.Case No. 314/2019. (Aditya Kumar Trivedi, J) Surendra/- U