Patna High CourtCR. MISC./26816/2020bail granted

Kallu Singh v. The State Of Bihar

2020-10-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26816 of 2020 Arising Out of PS. Case No.-194 Year-2019 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== KALLU SINGH S/o Manoj Singh Resident of Village-Jankinagar, Binoba Gram, P.S.-Jankinagar, District-Purnea.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-10-2020 Heard learned counsel for the parties.

This application for grant of regular bail arises out of K. Nagar (Champanagar) P.S. Case No. 194 of 2019, disclosing offences punishable under Sections 395,397 of the Indian Penal Code and Section 27 of the Arms Act as well as Section 3⁄4 of the Explosive Substance Act.

It is alleged in the First Information Report that the accused persons entered into the informant's house and looted ornaments and cash. No one was named in the FIR. Names of miscreants emerged in course of investigation, who were put on Test Identification Parade. It appears from an order passed by this Court dated 17.03.2020 in Cr. Misc. No. 80160 of 2019 that co-accused Sanjay Kumar Mehta has been allowed regular

Patna High Court CR. MISC. No.26816 of 2020(2) dt.19-10-2020 2/2 bail though he was identified by other witnesses but not by the informant. A coordinate Bench of this Court has doubted the Test Identification Parade, while allowing regular bail to the said co-accused. Similarly another co-accused, Nand Lal Sahani has also been allowed regular bail by the same Bench for the same reason by an order dated 17.02.2020 passed in Cr. Misc. No. 9805 of 2020.

Considering the aforesaid two orders, this application is allowed.

Let the petitioner above-named 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 learned Chief Judicial Magistrate, Purnea in K.Nagar (Champanagar) P.S. Case No. 194 of 2019.

(Chakradhari Sharan Singh, J) arun/- U