Md. Jalaluddin And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27634 of 2018 Arising Out of PS. Case No.-2 Year-2018 Thana- MAINATAND District- West Champaran ======================================================

1. Md. Jalaluddin, Son of Salim Mian, Resident of village- D.K. Shikarpur, P.S.- Shikarpur, District- West Champaran.

2. Raghubir Sah, Son of Ramnarayan Sah, Resident of VillageD.K. Shikarpur, P.S.- Shikarpur, District- West Champaran.

3. Shashi Kumar Sharma, Son of Mahendra Sharma, Resident of Village- Dagroll, P.S.- Matiaria, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyavrat Verma For the Opposite Party/s :

Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-07-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are in custody in connection with Mainatand P.S. Case No. 002 of 2018 for the offence under section 392 of the Indian Penal Code.

The police after investigation submitted charge-sheet under sections 395 and 412 of the Indian Penal Code. Learned counsel for the petitioners submits that the case was registered against unknown. The petitioners are in custody since 3.2.2018 and till date the petitioners were not put on Test Identification Parade. In case, against unknown, the prosecution has to prove involvement of the accused by putting

Patna High Court Cr.Misc. No.27634 of 2018(3) dt.03-07-2018 2/2 the accused persons on Test Identification Parade. In the instant case, no attempt was made for putting the petitioners on Test Identification Parade.

Considering the fact that petitioners are in custody since 3.2.2018 and till date They were not put on Test Identification Parade, let the petitioners, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Bettia, West Champaran, in connection with Mainatand P.S. Case No. 002 of 2018.

(Anil Kumar Upadhyay, J) Ravi/- U T