Patna High CourtCR. MISC./29249/2020allowed

Akhilesh Kumar v. The State Of Bihar

2020-11-09Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29249 of 2020 Arising Out of PS. Case No.-64 Year-2020 Thana- JAHANABAD District- Jehanabad ====================================================== AKHILESH KUMAR Son of Shahnand Yadav Resident of Village- Ajay Bigha, Police Station- Jehanabad, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Advocate For the Opposite Party/s :

Mr. A.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-11-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is in custody in connection with Jehanabad P.S.Case No.64 of 2020 for the offence under Section 395 of the Indian Penal Code.

It is alleged that the petitioner was involved the snatching the truck and carried the same towards Jehanabad. Learned counsel for the petitioner would submit that nothing was recovered from the possession of the petitioner. He further submits that the FIR was lodged against four unknown persons and the petitioner was not named in the FIR. Petitioner is in custody since 30.01.2020. It is further submitted that in a case lodged against unknown persons, it is incumbent for the prosecution to put the accused in test identification parade

Patna High Court CR. MISC. No.29249 of 2020(2) dt.09-11-2020 2/2 although he is in custody since 30.01.2020.

Considering the fact that petitioner has not been named in the FIR and nothing was recovered from his possession and he has not been put on test identification parade although he is in custody since 30.01.2020, the Court is inclined to grant bail to the petitioner named above on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Jehanabad in connection with Jehanabad P.S.Case No.64 of 2020.

(Anil Kumar Upadhyay, J) B.Kr./- U T