Sudama Kumar Rai @ Sudama Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14576 of 2015 Arising Out of PS.Case No. -7 Year- 2014 Thana -SARAN GRP CASE District- SARAN ======================================================

1. Sudama Kumar Rai @ Sudama Rai S/o Late Jharilal Rai resident of Village- binda Lal Mathiya P.s Ekma Distt- Saran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Anuradha Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 20.102013 in a case registered for the offences punishable under sections 395 and 397 of the Indian Penal Code. Accusation is of committing 'dacoity' in a running train and causing injury to the informant by knife. During investigation, it transpired that the petitioner was using the robbed mobile but the same has been recovered from co-accused Navin Kumar. Though a mobile was also recovered from the petitioner but the same was not put on Test Identification Parade. It is submitted by learned counsel for the petitioner that the petitioner has not been put on Test Identification Parade

Patna High Court Cr.Misc. No.14576 of 2015 (3) dt.03-07-2015 2/2 and the investigation has already concluded.

Learned APP for the State, after going through the case diary had not controverter the fact that neither the petitioner nor the mobile, recovered from the petitioner, have been put on Test Identification Parade.

Considering the fact that the petitioner has not put on Test Identification Parade, 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 Railway Judicial Magistrate, Saran at Chapra in connection with Chapra Rail P.S. Case No.7 of 2014. Since the petitioner has serious criminal antecedent, learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions or gets involved in some serious nature of offence.

(Dinesh Kumar Singh, J) Ashwini/- U T