Md. Guddu Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5848 of 2016 Arising Out of PS.Case No. -309 Year- 2015 Thana -BARACHATTI District- GAYA ====================================================== Md. Guddu Alam, Son of Md. Ajim, Resident of Gajragarah, P.S.- Barachatti, District- Gaya.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sudhir Kumar Sinha, Advocate. For the Opposite Party : Mr. Ram Sumiran Rai(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Barachatti (Mohanpur) P.S. Case No. 309 of 2015 registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegedly, three unknown motorcycle borne miscreants being armed with pistol stopped the informant and after taking the key of the motorcycle, opened the dickey of the motorcycle and took away bag containing cash of Rs. 3,50,000/- , cheque book, ATM Card and other documents and thereafter fled away. During investigation, the petitioner was apprehended and on the basis of his confessional statement, amount of Rs. 45000/- was

Patna High Court Cr.Misc. No.5848 of 2016 (3) dt.05-04-2016 2/2 recovered, kept inside the rice.

Submission is of false implication and that the petitioner has been made victim of the circumstances, he is in custody since 11.08.2015 but he has not been put on T.I.P., as a matter of fact nothing has been recovered from his conscious possession and as such he deserves sympathetic consideration to which the learned A.P.P. seriously opposes.

In the facts and circumstances stated above, considering the recovery of amount of Rs. 45,000/-, which was allegedly given to the petitioner in his share, out of the looted amount, at present, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer of bail stands rejected. However, let the trial be expedited and concluded within six months.

(Jitendra Mohan Sharma, J.) Amit/- U T