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Patna High CourtCR. MISC./23546/2018allowed

Chandan Halwai @ Chandan Gupta v. The State Of Bihar

2018-05-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23546 of 2018 Arising Out of PS. Case No.-124 Year-2013 Thana- SIKANDARA District- Jamui ====================================================== CHANDAN HALWAI @ CHANDAN GUPTA S/o Ramanand Halwai, R/o Vill.- Mirzapur, P.S.- Nawada, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Sri Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Sikandara P.S. Case No. 124 of 2013 for offence under Section 395 of the Indian Penal Code.

The case was registered against unknown. The name of the petitioner figured on the confessional statement of Md. Jasim, who was granted bail by this Court on 14.10.2015 in Cr. Misc. No. 27662 of 2015.

Learned counsel for the petitioner submits that in a case against unknown the prosecution is required to put the accused persons on Test Identification Parade but in the instant case petitioner was not put on Test Identification Parade despite the fact that the petitioner was taken in custody on 18.11.2017.

Patna High Court Cr.Misc. No.23546 of 2018(3) dt.17-05-2018 2/2 Considering the aforesaid facts and circumstances and the fact that the petitioner has remained in custody for nearly six months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui in connection with Sikandara P.S. Case No. 124 of 2013.

(Anil Kumar Upadhyay, J) spandey/- U T