Jamil Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13172 of 2023 Arising Out of PS. Case No.-393 Year-2022 Thana- KISHANGANJ District- Kishanganj ====================================================== JAMIL AKHTAR Son of Late Naimuddin R/o Village - Bainipar Sahapur, P.S.- Goalpokhar, Dist.- Uttar Dinajpur, State - West Bengal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 409, 120(b)/34 of the Indian Penal Code.

As per FIR, the allegation against the petitioner is that the he along with other accused persons have been instrumental in looting cash from the cash van to the tune of Rs. 2.40 crore looted in the said cash van which was supposed to be loaded in the SBI ATM.

Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. It is further submitted vide para- 8 & 12 of the petition that the petitioner

Patna High Court CR. MISC. No.13172 of 2023(3) dt.10-05-2023 2/3 was only driver of alleged looted cash-van and he along with other security staffs went to the nearest petrol pump to fill the diesel but during course of this, a scorpio with SIS sticker has intercepted by the actual miscreants and looted the money from the cash-van. The alleged recovery of cash has been made from possession of other co-accused persons. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 17.9.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is driver of the said vehicle who has taken the vehicle without permission to a place where the whole incident of robbery is alleged to have taken place. Further, the petitioner has also confessed his guilt in his self confessional statement which is apparent from para-13 of the case diary and at the instance of this petitioner, looted money has been recovered from possession of other co-accused persons namely, Sarfaraz, Kurban Ali, Sonu & Tarique. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.13172 of 2023(3) dt.10-05-2023 3/3 The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Amandeep/- U T