IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.26069 of 2010
Rajendra Rai, son of Jaggan Rai, resident of village-
Paharpur, P.S.- Sakra, District- Muzaffarpur --- Petitioner.
Versus
State of Bihar ---- Opp. Party.
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4/ 27-10-2010 Heard the parties.
In a criminal prosecution registered under
section 392 of the Indian Penal Code, the petitioner is not
named in the F.I.R. as an accused. It appears that three
unknown miscreants snatched the motorcycle and some
other belongings of the informant.
It is submitted that the petitioner is not named
in the F.I.R. as an accused and after a long delay his name
was disclosed before the Investigating Officer by co-
accused as his accomplice. It is further submitted that T.I.
Parade was held, wherein the petitioner was identified but
it was held after a long delay of one year and, therefore, it
has got no evidentiary value in the eye of law. The
petitioner is stated to be in judicial custody since
23.03.2010.
Learned counsel for the State has opposed the
prayer for bail and has pointed out that the petitioner has
got criminal history and he is accused in some other
criminal cases also .
In the aforesaid facts and circumstances of the
case, the prayer for bail on behalf of the petitioner in
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connection with Tajpur (Pusa) P.S. Case No. 123/ 2009,
T.R. No. 1300 of 2010, is rejected for the present with a
liberty to renew his prayer for bail on completion of ten
months in judicial custody.
( Birendra Prasad Verma, J.)
BTiwary/