Abhishek Tiwari @ Abhishek v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36301 of 2020 Arising Out of PS. Case No.-306 Year-2019 Thana- EKMA District- Saran ====================================================== Abhishek Tiwari @ Abhishek, S/o Sri Manoj Tiwari, r/o Village- Shreepur p/s- Sahajitpur District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anant Kumar Bhaskar, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Ekma P.S. Case No. 306 of 2019 for the offence under Sections 395 and 397 of the Indian Penal Code.
In the instant case there was a loot of Rs.58,700/-. Learned counsel for the petitioner submits that the petitioner was not named in the F.I.R. The F.I.R. was lodged against unknown. He further submits that in a case registered against unknown, the prosecution was obliged to identify the real culprit in the Test Identification Parade, which has not been done in this case. The petitioner is in custody since 10.02.2020. Considering the fact that the petitioner is in custody since 10.02.2020 in a case registered against unknown, yet he has not been put on TIP, the petitioner, named above, is directed
Patna High Court CR. MISC. No.36301 of 2020(2) dt.29-01-2021 2/2 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 Additional Chief Judicial Magistrate-I, Saran at Chapra in connection with Ekma P.S. Case No. 306 of 2019 subject to the condition that the petitioner shall deposit Rs.25,000/- (Twenty five thousand) cash in the court below and the same shall 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