Jay Nandan Kumar @ Budhwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54683 of 2018 Arising Out of PS.Case No. -15 Year- 2018 Thana -BANSHI District- JEHANABAD ====================================================== Jay Nandan Kumar @ Budhwa, Son of Raj Nandan Ram, Resident of Village- Banshi, P.S. Banshi, District- Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Srivastava, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and State. The petitioner is custody in connection with Banshi P.S. case no. 15 of 2018 for the offence under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He further submits that the case was registered against unknown, but during the incarceration, the petitioner has not been put on Test Identification Parade. He further submits in a case lodged against unknown, the prosecution is obliged to ensure identity of the real assailant and as such the T.I.P. is essential. The petitioner is in custody since 24.05.2018.

Considering the fact that the petitioner has remained

Patna High Court Cr.Misc. No.54683 of 2018 (2) dt.20-09-2018 2/2 in custody for nearly four months, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Arwal in connection with Banshi P.S. case no. 15 of 2018.

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