Md. Jameel Akhtar @ Jameel Akhtar @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15343 of 2021 Arising Out of PS. Case No.-129 Year-2017 Thana- DAGARUA District- Purnia ====================================================== MD. JAMEEL AKHTAR @ JAMEEL AKHTAR @ SONU Son of Sohrab @ Sohrab Mallah Resident of Village - Kajitola, Sahjana, P.S.- Azamnagar, Distt.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar Singh Mrs. Saheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 394, 397 of the Indian Penal Code.

As per the prosecution case, this petitioner along with two other accused persons are said to have committed robbery in the petrol pump and looted cash from the counter of the petrol pump as well as from the employee of the pump by breaking open the counter of pump by fire.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the confessional statement of co-accused, Md. Wasik @ Vasik, who

Patna High Court CR. MISC. No.15343 of 2021(4) dt.20-09-2021 2/3 has already been granted bail by a co-ordinate Bench of this court vide order dated 16.03.2018 passed in Cr. Misc. No. 9514/2018. No incriminating article has been recovered from the possession of the petitioner and till date the petitioner has not been put on Test Identification Parade. Petitioner is in custody since 05.09.2020 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, 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 Chief Judicial Magistrate, Purnea in connection with Dagarua PS case No. 129/2017 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.15343 of 2021(4) dt.20-09-2021 3/3 witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T