Patna High CourtCR. MISC./38153/2014bail granted

Ranjeet Yadav v. The State Of Bihar

2015-01-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38153 of 2014 Arising Out of PS.Case No. -227 Year- 2014 Thana -WAJIRGANJ District- GAYA ====================================================== Ranjeet Yadav, S/o Kailash Prasad Yadav, Resident of Village - Utli Bara, P.S.- Wazir Ganj, P.S.- Tankuppa, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-01-2015 Heard both sides.

The petitioner seeks regular bail in a case registered under Section 395 of the Indian Penal Code.

The F.I.R. is lodged against unknown.

Learned counsel for the petitioner submits that the informant did not name the petitioner either in his Fardbeyan or in his subsequent statement during the course of investigation. Later on, the informant himself disclosed that the wife and the daughter of the informant claimed to have identified the petitioner and, on the basis of such evidence, the petitioner was arrested, but the petitioner was not put on Test Identification Parade. It is further submitted that the statements made by the informant, his wife and daughter at a belated stage are of no value. The petitioner is in jail since 03.06.2014.

Patna High Court Cr.Misc. No.38153 of 2014 (3) dt.28-01-2015 2/2 Having considered the facts that the name of the petitioner came during the course of investigation, that too, from the mouth of the wife and daughter of the informant, who claimed to have identified the petitioner but did not disclose the fact as regards identification of the petitioner at the earliest, the petitioner is in jail for last seven months and he has got no criminal antecedent, the above named petitioner is directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in Wazirganj P.S. Case No. 227 of 2014.

(Prabhat Kumar Jha, J) Dilip/- U T