IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.15573 of 2011
Barun Sah, S/O-Bhikhari Sah
Versus
The State Of Bihar
with
Cr.Misc. No.16109 of 2011
Amit Kumar, S/O-Late Bimlesh Choudhary
Versus
The State Of Bihar
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03 27.07.2011 Both the above stated petitions arise out of Gopalpur
(Rangra) P.S. Case No. 248 of 2010 initially, registered under Section
394 of the Indian Penal Code and subsequently, converted under
Section 395 of the Indian Penal Code and, accordingly, both the above
stated petitions are being disposed of by this common order.
Petitioners are not named in the first information report
but it appears that in course of investigation, petitioner in Cr. Misc.
No. 15573 of 2011 was put on Test Identification Parade and he was
identified by the witnesses. So far as petitioner in Cr. Misc. No. 16109
of 2011 is concerned, he has not been put on Test Identification
Parade nor named in the first information report and apart from this,
nothing has been recovered from his conscious possession.
Learned counsel appearing in Cr. Misc. No. 15573 of
2011 produced web copy of order dated 05.05.2011 passed in Cr.
Misc. No. 13201 of 2011 and submitted that having similar allegation,
co-accused Manik Chand @ Manik Chandra has already been granted
privilege of bail by this Court.
It appears from perusal of order dated 05.05.2011 passed
in Cr. Misc. No. 13201 of 2011 that at the time of consideration of
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prayer for bail of co-accused Manik Chand @ Manik Chandra, the
factum of his identification by witnesses was suppressed and the
aforesaid fact was not brought to the notice of the court.
In view of the aforesaid circumstance, petitioner in Cr.
Misc. No. 16109 of 2011, namely, Amit Kumar is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the satisfaction
of Additional Sessions Judge-II, Naugachiya (Bhagalpur) in
connection with Sessions Case No. 98 of 2011 arising out of Gopalpur
(Rangra) P.S. Case No. 248 of 2010.
So far as petitioner in Cr. Misc. No. 15573 of 2011 is
concerned, let the hearing of his petition be placed before this Court
on 02.08.2011 along with the record of Cr. Misc. No. 13201 of 2011
which has been disposed of by this Court on 05.05.2011.
SHAHZAD ( Hemant Kumar Srivastava, J.)