Asmatullah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54759 of 2016 Arising Out of PS.Case No. -174 Year- 2016 Thana -JALE District- DARBHANGA ====================================================== Asmatullah, Son of late Md. Sameerul, Resident of Village - Pokhar Tola, Bhairwa, P.S. - Bisti, District - Madhubani.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prashant Kashyap For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
This is an application for grant of regular bail for offences punishable under Sections 461, 379 and 411 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that the petitioner has not been named in the First Information Report. The petitioner's name surfaced in this case only on the basis of confessional statement made by co-accused of this case and the petitioner has been languishing in judicial custody for more than three months.
Heard learned A.P.P. also.
Having heard both sides, it appears from the perusal of the impugned order that there is recovery of stolen articles from
Patna High Court Cr.Misc. No.54759 of 2016 (2) dt.20-12-2016 2/2 the house of the petitioner. It further appears that the learned Court below has already granted the petitioner an opportunity to move his prayer for bail after submission of charge-sheet. Considering the facts as stated in the impugned order, this application is disposed of with direction to the petitioner to move his prayer for bail after submission of charge-sheet and the learned Court below after examining the fact that as to whether the petitioner has been put on Test Identification Parade or the articles recovered has been Put on Test Identification Parade or not, shall pass an appropriate order in accordance with law. (Vinod Kumar Sinha, J) sunil/- U T