Sunni Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71312 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- SHYAMPUR BHATHA District- Sheohar ====================================================== Sunni Singh, Son of Shankar Singh, Resident of Village- Ijorbara, P.S.- Fenhara, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Shyampur Bhataha P.S. Case No. 18 of 2018 instituted for the offence under Section 395 of the Indian Penal Code.

Petitioner is not named in the written report. There is no recovery of any incriminating article from possession of the petitioner.

Counsel for the petitioner submits that petitioner was put on Test Identification Parade but the informant has not identified the petitioner.

Case diary has been received.

Learned A.P.P. after looking into the case diary has submitted that Test Identification Parade has been held, but the informant did not identify the petitioner.

Patna High Court Cr.Misc. No.71312 of 2018(3) dt.18-12-2018 2/2 From the written report it appears that occurrence has taken place with the informant, but he did not identify the petitioner in Test Identification Parade.

Petitioner is in custody since 13.7.2018.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 Additional Chief Judicial Magistrate, Sheohar, in connection with Shyampur Bhataha P.S. Case No. 18 of 2018 subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T