Md. Eklakh @ Eklaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22205 of 2016 Arising Out of PS.Case No. -20 Year- 2016 Thana -JALALGARH District- PURNIA ====================================================== Md. Eklakh @ Eklaque Son of Manjoor Alam resident of Village - Madheli, Police Station - Jalalgarh, District - Purnia. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Mr. Anusaiya Jaiswal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-05-2016 Heard the learned counsel for the petitioner and the learned A.P.P representing the State.

The petitioner seeks bail in connection with Jalalgarh P.S. Case No. 20 of 2016 registered for the offences punishable under Sections 392 and 412 of the Indian Penal Code. Allegedly, two motorcycles borne criminals snatched bag of the informant containing cash of Rs. 24,000/- which was withdrawn by the informant from Central Bank, Jalalgarh and tried to drag the informant also, but due to alarm being raised, timely arrival of police personnel both the criminals were apprehended including the petitioner.

Submission is of false implication and that the petitioner has been made victim of police atrocity, no weapon was recovered from possession of the petitioner, only on

Patna High Court Cr.Misc. No.22205 of 2016 (2) dt.23-05-2016 2/2 suspicion, the petitioner has been implicated, the petitioner happens to be brother-in-law (sala) of the informant but the sister of the petitioner was driven out from matrimonial house and then the informant has lodged this false case.

The leaned APP opposes the prayer of bail by submitting that cash of Rs. 24,000/- kept in bag was recovered from the possession of the petitioner and he along with coaccused were apprehended just after the occurrence. In the facts and circumstances stated above, at present, I am not inclined to enlarge the petitioner on bail and accordingly his prayer stands rejected in connection with Jalalgarh P.S. Case No. 20 of 2016 pending in the Court of learned Additional Chief Judicial Magistrte, Purnia. However, let the trial be expedited and concluded preferably within six months from the date of receipt or production of a copy of this order after taking the same on priority basis, failing which, the petitioner, if at no fault, may renew his prayer of bail.

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