Rakesh Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51759 of 2014 Arising Out of PS.Case No. -340 Year- 2014 Thana -ARARIA District- ARRARIA ====================================================== Rakesh Kumar Mandal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Abhay Kr. Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-01-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 9.9.2014 in a case registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code.

The accusation is of robbing the passengers travelling in auto rickshaw by using fire arm and knife. Name of the petitioner surfaced in the confession of co accused when he was remanded from other case.

It is submitted by the learned counsel for the petitioner that neither any recovery has been made in the present case nor the petitioner has been put on Test Identification Parade. Statement to the aforesaid effect has been made in paragraph 12 of the petition. Learned counsel for the state submits that the petitioner made confession before the police.

Patna High Court Cr.Misc. No.51759 of 2014 (2) dt.05-01-2015 2/2 Considering the fact that neither the petitioner has been put on test identification parade nor any recovery has been made, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Araria in connection with Araria P.S. Case No. 340 of 2014. (Dinesh Kumar Singh, J) Anil/- U T