IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.11933 of 2008
SHAHBAZ @ SANTOSH SHARMA @ KALI @ KALLU @ ASHUTOSH SHARMA
Versus
STATE OF BIHAR
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3. 15.7.2008 Heard.
The earlier prayer of the petitioner for bail was dismissed
vide Annexure-1 on the ground that the petitioner had been identified.
The earlier order passed by this Court in Miscellaneous
petition no.38203 of 2007 also appears not expressing a confirmed
view that the petitioner was really identified in the T.I. parade. After
hearing learned counsel for the petitioner and after having perused the
T.I. chart (Annexure-3) what could be said is that there was no
evidence of identification about the participation of the petitioner as
one of the dacoits or criminals who had participated in the
commission of the dacoity and murder during that course. The T.I.
chart contains the statement of the witness Navratan Lal and on
careful consideration of the statement in the T.I. chart one could find
that it does not have anything to do with the present occurrence.
Regard being had to the facts and circumstances of the case,
let petitioner namely Shahbaz @ Santosh Sharma @ Kali @ Kallu @
Ashutosh Sharma 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 the Addl. Chief Judicial Magistrate, Danapur, in
connection with Danapur P.S. case no.244 of 2006.
sudip ( Dharnidhar Jha, J )
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