Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11702 of 2016 Arising Out of PS.Case No. -40 Year- 2015 Thana -KALER District- JEHANABAD ======================================================

1. Kundan Kumar S/o Saheb Dayal Singh R/o Vill- Muradpur Hujra PS Arwal Distt Arwal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Dashrath Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Petitioner is not named in the first information report nor any witness claimed to have seen the petitioner committing the alleged crime. The learned court below appears to have rejected the bail petition of the petitioner only on the ground that his Test Identification Parade could not be arranged as the jail is situated from 35 Km away from the court situated at Arwal. In my view, no person can be detained in jail custody only for the purpose of holding the Test Identification Parade. Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.11702 of 2016 (2) dt.16-03-2016 2/2 well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Arun Kumar, Additional Chief Judicial Magistrate, Arwal in connection with Kaler P.S. Case No. 40 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T