Vishal Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25550 of 2019 Arising Out of PS. Case No.-159 Year-2017 Thana- SABAUR District- Bhagalpur ====================================================== VISHAL JAISWAL Son of Jichchu Bhagat @ Jitendra, Resident of Pakkisarai, P.S-Kahalgaon (Ghogha), District-Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Arvind Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Sabour P.S. Case No. 159/2017 for the offence under section 392 of the Indian Penal Code and later on section 411 of the Indian Penal Code was added.

Learned counsel for the petitioner would submit that petitioner has no criminal antecedent. The case was registered against unknown.

Learned counsel for the petitioner submits that the petitioner has surrendered in the instant case on 10.01.2019 yet he has not been put on TIP. The case was lodged against unknown and as such it was obligatory on the part of the prosecution to establish identity of the petitioner in the

Patna High Court CR. MISC. No.25550 of 2019(2) dt.22-04-2019 2/2 commission of the offence but it has not been done. Considering the fact that TIP in the instant case has not been done and the petitioner has no criminal antecedent, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhagalpur, in connection with Sabour P.S. Case No. 159 of 2017, G.R. No. 2650 of 2017.

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