Uma Shankar Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.46173 of 2014 (03) dt.05-05-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46173 of 2014 Arising Out of PS.Case No. -70 Year- 2012 Thana -HALSI District- LAKHISARAI ====================================================== Uma Shankar Yadav .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar-Advocate For the Opposite Party/s : Mr. M. Rab (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 05-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Unknown miscreants raided the camp where labourers were sleeping, who happens to be engaged in construction of a bridge over Kiul River and then, assaulted, snatched away their mobile set, torch etc. and further, said that in case of non-payment of levy, they will not allow the construction work further.
Whatever material has been collected against the petitioner, who is not named in the first information report is that he was in contact with co-accused, Chhotu Yadav over the SIM which happens to be one of the stolen property of instant occurrence. Furthermore, identification of accused appears to be of prime determination as the first information report is against
Patna High Court Cr.Misc. No.46173 of 2014 (03) dt.05-05-2015 unknown.
That being so, the prayer of the petitioner does not find favour and is accordingly, rejected.
However, Petitioner is directed to surrender before the learned lower Court whereupon the Investigating Officer, if it so desires, may put the petitioner on Test Identification Parade and in case, petitioner is not identified, then in that event, the learned lower Court will release the petitioner on bail, otherwise will pass appropriate order in accordance with law.
(Aditya Kumar Trivedi, J) Vikash/- U T