Patna High CourtCR. MISC./36036/2020allowed

Munarik Yadav v. The State Of Bihar

2021-01-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36036 of 2020 Arising Out of PS. Case No.-456 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== Munarik Yadav, Son of Meghan Yadav, Resident of Village - Mohandih, P.S.- Dobhi, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-01-2021 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Dobhi Sherghati P.S. Case No. 456 of 2019 for the offence under Sections 392 of the Indian Penal Code, but charge-sheet has been submitted under Section 395 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has been made accused by the police in cases where the offender was not named. In the present case also, the petitioner has been made accused, although he was not named in the F.I.R. He further submits that the petitioner is in custody, on remand, since 03.12.2019, yet he has not been put on Test Identification Parade.

Considering the fact that the petitioner is in custody since 03.12.2019, yet he has not been put on TIP, the petitioner,

Patna High Court CR. MISC. No.36036 of 2020(2) dt.27-01-2021 2/2 named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Sherghati, Gaya in connection with Dobhi Sherghati P.S. Case No. 456 of 2019 with the condition that the petitioner shall deposit Rs.25,000/- (Twenty five thousand) cash in the court below and the same shall be abide by the final outcome in the trial i.e. if the petitioner is acquitted the amount of Rs.25,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited. (Anil Kumar Upadhyay, J) uday/- U T