Pawan Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3299 of 2021 Arising Out of PS. Case No.-230 Year-2020 Thana- PAKARIBARAW District- Nawada ====================================================== Pawan Chauhan S/O Bal Govind Chauhan Resident Of Village- Amarpur (Gulani), P.S.-Pakribarawan, District-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-05-2021 Heard the parties in virtual Court proceeding. The petitioner is languishing in custody for the offence punishable under Section 395 of the Indian Penal Code. The FIR of the occurrence of robbery is against unknown.

Submission is that before identification of the petitioner in Test Identification Parade they were shown to the witness at the police station. Hence, identification in Test Identification is not wholly reliable for the purpose of consideration of this prayer for bail. Due to his criminal antecedent the petitioner was apprehended by the police on suspicion and thereafter his confessional statement was extracted.

Considering lack of material against the petitioner and

Patna High Court CR. MISC. No.3299 of 2021(3) dt.25-05-2021 2/2 completion of investigation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Pakribarwan P.S. Case No.230 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T