Md. Jamil @ Jangla @ Jamil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22269 of 2024 Arising Out of PS. Case No.-124 Year-2022 Thana- BAUNSI District- Araria ====================================================== Md. Jamil @ Jangla @ Jamil Son Of Late Modim Resident Of VillageChandni Ghasi Bhargama, Ward No. 15, Ps- Bhargama, Distt- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Vaishnavi Singh For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-07-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in connection with Bausi P.S. Case No. 124 of 2022 registered for the offence under Sections 394 of the I.P.C. and Section 27 of Arms Act and subsequently under Sections 302, 396, 396, 412 of the I.P.C. was added.

3. The petitioner is named is not named in the F.I.R. and is in custody since 14.08.2023.

4. The allegation against the petitioner is to commit robbery alongwith other co-accused persons and while committing so taken away cash of Rs. 50,000/-

Patna High Court CR. MISC. No.22269 of 2024(4) dt.12-07-2024 2/3 which was in possession of informant.

5. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced during the course of investigation on the basis of confessional statement of co-accused, namely, Md. Tanvir, where in furtherance of no incriminating material recovered/surfaced as to connect petitioner prima facie with the present occurrence of robbery. It is also pointed out that petitioner not put on TIP. While concluding the argument, it is submitted that petitioner found involved in eight more criminal cases, where he is on bail in all the cases, where in maximum of cases his name appears on the basis of confessional statement as of the present case having otherwise no bearing over the merit of the case. One of the reason behind implication with the present case is also the suspicion arises out of the criminal antecedents of the petitioner and moreover, investigation of this case is completed, for which chargesheet has been submitted, as such, there is no chance of

Patna High Court CR. MISC. No.22269 of 2024(4) dt.12-07-2024 3/3 tampering with the evidence.

6. Learned APP, opposes the prayer of bail.

7. Considering the facts and circumstances as mentioned above as save and except suspicion arises out of confessional statement, no incriminating material recovered/surfaced as to connect petitioner prima facie with present occurrence of robbery, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 14.08.2023, accordingly, petitioner above named, is directed to be released on bail in connection with Bausi P.S. Case No. 124 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Sudha/- U T