Patna High CourtCR. MISC./20312/2020allowed

Munarik Yadav v. The State Of Bihar

2021-02-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20312 of 2020 Arising Out of PS. Case No.-286 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== Munarik Yadav (M) aged about 33 years, Son of Meghan Yadav Resident of Village - Mohandih, P.S.- Dobhi, District- Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjeev Kumar, Advocate For the Opposite Party :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Sherghati (Dobhi) P.S. Case No. 286 of 2019, for the offence under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that except bad antecedent, there is no material to connect the petitioner with alleged occurrence.

Learned counsel for the petitioner would submit that the petitioner is in custody since 03.12.2019 yet he has not been put on test identification parade in a case where he was not named in the first information report.

Considering the fact that the petitioner was not named in the FIR yet he has not been put on test identification, the

Patna High Court CR. MISC. No.20312 of 2020(4) dt.05-02-2021 2/2 Court is inclined to grant bail to the petitioner subject to the condition that the petitioner has to deposit Rs.50,000/- in cash. On depositing the amount of Rs.50,000/-, petitioner, abovenamed, shall be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Sherghati (Gaya) in connection with Sherghati (Dobhi) P.S. Case No. 286 of 2019.

Deposit of Rs.50,000/- (Rupees fifty thousand) shall abide by final outcome of Sherghati (Dobhi) P.S. Case No. 286 of 2019.

The court below at the same time is required to expedite the trial and conclude the same positively within one year from the date of the receipt/communication of a copy of this order.

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