Patna High CourtCR. MISC./56220/2017dismissed

Md. Afroz v. The State Of Bihar

2017-11-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56220 of 2017 Arising Out of PS.Case No. -120 Year- 2017 Thana -JAKKANPUR District- PATNA ====================================================== Md. Afroz, S/o Md. Usman, R/o Rup Nagar, Ward No. 40, P.S.-Saharsa Nagar, District-Saharsa.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kumar Rajeev For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Jakkanpur P.S.Case No. 120 of 2017 registered for the offences punishable under Section 379 of the Indian Penal Code. Petitioner is not named in the FIR and later on his name transpires in the confessional statement of co-accused. Submission of learned counsel for the petitioner is that nothing has been recovered from his possession and no T.I.P. has been held and further submission is that though he is accused in eight other cases but in most of the case he has been made accused only on the basis of confessional statement and he is in custody since 11.9.2017 in this case.

Heard learned APP also.

Patna High Court Cr.Misc. No.56220 of 2017 (2) dt.23-11-2017 2/2 Having heard both sides and considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner.

However, learned trial court is directed to expedite the trial and try to conclude it within a period of nine months. If trial is not concluded within the said period, petitioner may renew his prayer for bail before the court below itself, which will be considered on the basis of materials available on record. Needless to say that petitioner has to co-operate in disposal of trial. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U