Jakir Mian @ Jakir Ali v. The State Of Bihar
Patna High Court Cr.Misc. No.52073 of 2016 (2) dt.02-12-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52073 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -SRINAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Jakir Mian @ Jakir Ali, Son of Abdul Gaffar, Resident of Village Nazani Chowk, P.S. Bettiah Town, District West Champaran. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Mukesh Kumar, Advocate For the Opposite Party : Mr. Sri Yogendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 02-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Anup Kr. Soni @ Nanhki and Chhotu Yadav @ Shardanand Yadav were apprehended along with motorcycle on account of their suspicious activities and on search, from their respective possession, loaded firearm cartridges and samsung mobile set were seized. It has been alleged by the informant, a police official, that on interrogation they have disclosed that petitioner who was confined to judicial custody and was languishing at Bettiah jail as well as Tipu Ali who also happens to be under custody, had directed him to procure Rs. 5 lacs as ransom from a shopkeeper and in case, the shopkeeper denies to pay the same, he be murdered and to facilitate
Patna High Court Cr.Misc. No.52073 of 2016 (2) dt.02-12-2016 the same, Sakir Ali had provided the arms, ammunitions as well as bike.
From para 3 of the petition, it is evident that petitioner has got notoriety on account of having been an accused of more than half a dozen of cases. It is also apparent from the self-statement of the police official that he was under custody and further, his mobile number has also been disclosed. Then, certainly it happens to be a case of lapses at the end of the prosecution themselves as being under custody, how the miscreants managed to have a mobile set and further, are frequent in gossiping with his associates.
As such, a copy of order should be served upon learned Advocate General to see how the jail are being controlled and further, is expected to direct the Inspector General of prison to have some sort of positive work out on that very score. In the facts and circumstances of the case, petitioner namely Jakir Mian @ Jakir Ali is directed to be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Sri S.M. Afzal, Judicial Magistrate 1st class, Bettiah in connection with Srinagar (Pujaha) P.S. case no. 15 of 2016.
(Aditya Kumar Trivedi, J.) rinkee/- U