Laxmi Mukhiya v. The State Of Bihar

Patna High Court Cr.Misc. No.40376 of 2016 (3) dt.19-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40376 of 2016 Arising Out of PS.Case No. -550 Year- 2015 Thana -SUPAUL District- SUPAUL ======================================================

1. Laxmi Mukhiya Son of Late Musahru Mukhiya, resident of VillageMatrandha, P.S. - Ghailadh, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrit Abhijat For the Opposite Party/s Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 19.11.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 395 of the Indian Penal Code.

Petitioner is not named in the first information report and he was arrested in another case and some cash, mobile as well as three pieces of sari are said to have been recovered from his possession but submission on behalf of the petitioner is that seized mobile belongs to the petitioner and so far as seized Saris are concerned, same were not put on test identification parade.

No doubt, petitioner does have criminal antecedent of nine cases but in the present case, there appear to be nothing against him except his confessional statement. Moreover, petitioner is in jail custody since 16.12.2015 but up till now, he has not been put on test identification parade.

Patna High Court Cr.Misc. No.40376 of 2016 (3) dt.19-11-2016 Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Supaul in Supaul P.S. Case no. 550/2015.

shahid (Hemant Kumar Srivastava,J) U T