Patna High CourtCR. MISC./31027/2014bail granted

Binay Kumar Sao @ Binay Kumar. v. Bihar School Exam.Board

2015-01-09Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31027 of 2014 Arising Out of PS.Case No. -141 Year- 2013 Thana -KHIJARSARAI District- GAYA ====================================================== Binay Kumar Sao @ Binay Kumar son of Sri Arjun Sao, resident of villageKutalupur, P.S.-Khijarsarai, District- Gaya. .... .... Petitioner/s

Versus

Bihar School Exam.board .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prithivi Raj Singh For the Opposite Party/s : Mr. Sangita Sharma (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is in custody since 28.1.2014 in Khijarsarai P.S. Case No.141/13 for the offence under Section 395 of the I.P.C.

It is submitted on behalf of the petitioner is that though the petitioner is not named in the F.I.R. his name has subsequently surfaced on the basis of confessional statement of one Ajit Kumar before the police which has no evidentiary value. It is also submitted that despite the fact that the petitioner has been taken into custody till date no test identification parade has been conducted and save and except the fact stated above there is no cogent material so as to connect the petitioner with the present occurrence. It is also submitted that it was only after his arrest in Khudaganj P.S. Case

Patna High Court Cr.Misc. No.31027 of 2014 (3) dt.09-01-2015 2/2 No.92/13 the petitioner was remanded in all four other cases though he has not been named in all the aforesaid cases. Considering the aforementioned submissions and also the fact that the petitioner has been granted bail by the court below in Khijarsarai P.S. Case No.26/13 and Khijarsarai P.S. Case No.190/13, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Gaya, in Khijarsarai P.S.Case No.141/13.

(Anjana Mishra, J) AnilKrSinha/- U T