Patna High CourtCR. MISC./7082/2017dismissed

Md. Jabbar v. The State Of Bihar

2017-03-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7082 of 2017 Arising Out of PS.Case No. -48 Year- 2016 Thana -GWALPARA District- MADHEPURA ======================================================

1. Md. Jabbar S/o Late Md. Muslim Resident of Village - Dainpur ward no. - 1, P.S. - Sri Nagar, District - Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bam Bahadur Jha For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-03-2017 The petitioner is in custody since 27.10.2016 in connection with Gwalpara P.S. Case No. 48 of 2016, registered for offences punishable under Section 392 Indian Penal Code. It has been submitted on behalf of the petitioner that petitioner's name has transpired in this case only on the basis of confessional statement of co-accused and even the recovery of the tractor has not been made from the house of the petitioner as it was parked in front of the gate of co-accused Md. Sattar. So far other criminal antecedents are concerned, it has been submitted by learned counsel for the petitioner that they are not of similar nature as the present one as they all relate to maarpit. Heard learned A.P.P. also.

Having heard both sides, in view of the fact that the

Patna High Court Cr.Misc. No.7082 of 2017 (3) dt.28-03-2017 2/2 alleged truck was recovered from the darwaza of the petitioner and one co-accused coupled with the fact that petitioner has criminal antecedent as he is accused in many cases, as such, I am not inclined to grant him the privilege of regular bail, it is accordingly rejected.

However, the trial court is directed to expedite the trial and try to conclude it within a period of seven months and if the trial is not concluded within the aforesaid period, the petitioner will be at liberty to renew his prayer for bail in the court below itself.

(Vinod Kumar Sinha, J) sunil/- U T