Sanjay Mushar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24545 of 2019 Arising Out of PS. Case No.-41 Year-2013 Thana- TANDWA District- Aurangabad ====================================================== SANJAY MUSHAR, Son of Late Golai Mushar, Resident of Village - Kans, P.S. - Barun, Distt - Aurangabad.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Pandey For the Opposite Party/s :
Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-06-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code. The FIR of the occurrence of dacoity is against unknown. Petitioner has stated on oath that he has got no criminal antecedent. Petitioner is in custody since 21.08.2013. Learned counsel for the State submits that the petitioner and others were put on T.I. Parade and they were identified, rather evidence came that they committed rape against the family member of the informant.
There is no chart or other materials showing the fact that T.I. Parade was performed according to rules by mixing up the accused persons with similarly statured other persons. Considering the period already undergone by the
Patna High Court CR. MISC. No.24545 of 2019(3) dt.11-06-2019 2/2 petitioner and statement on oath that he has got no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Tr. No. 01 of 2014 arising out of Tandwa Police Station Case No. 41 of 2013 corresponding to G.R. No. 1821 of 2013, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T