Chandra Prakash @ Bhola And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44877 of 2015 Arising Out of PS.Case No. -656 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================
1. Chandra Prakash @ Bhola Son of Ram Kripal Singh, Resident of Village- Modiha, P.S:- Nokha, District- Rohtas.
2. Chandan Kumar @ Vikki, Son of Vijendra Singh, Resident of Village:- Modiha, P.S:- Nokha, Disrtrict:- Rohtas.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Shiv Prasad Gupta, Advocate. For the Opposite Party/s : Mr. J.N. Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-01-2016 Heard learned counsel for the petitioners as well as learned A.P.P. for the State.
Petitioners are not named in the First Information Report but, in course of investigation, petitioner no. 1 was arrested and the looted mobile is said to have bee recovered from his conscious possession and on the basis of his disclosure, petitioner no. 2 was arrested and rupees one thousand was recovered from his conscious possession.
Contention on behalf of the petitioners is that petitioners are in jail custody since 24.06.2015 but they were not put on Test Identification Parade and, as a matter of fact, nothing has been recovered from their conscious possession and they have
Patna High Court Cr.Misc. No.44877 of 2015 (3) dt.30-01-2016 2/2 been implicated in this case at the instance of the local Chawkidar. It is further contended by him that so far as criminal antecedent of petitioners is concerned, only one case has been registered against petitioner no. 1 prior to institution of the present case and so far as petitioner no. 2 is concerned, he is a man of clean antecedent. Considering the facts and circumstances as well as submissions of the parties, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sasaram, District Rohtas in connection with Sasaram Darigaon P.S. Case No. 656/015.
(Hemant Kumar Srivastava, J) Dilip/- U T