Md. Islam @ Md. Istam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24652 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- BANMANKHI District- Purnia ====================================================== Md. Islam @ Md. Istam, Son of Late Md. Jamaruddin, Resident of VillageJanki Nagar, Binovagram, P.S.- Janki Nagar, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-09-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Banmankhi P.S. Case No.17 of 2020 registered for the offence punishable under Sections 392 and 411 of the Indian Penal Code.

The informant has alleged that while he was returning

Patna High Court CR. MISC. No.24652 of 2020(2) dt.22-09-2020 2/3 from his motorcycle with Rs.96,380/-, two miscreants wearing helmet reached on a blue coloured Apache motorcycle without registration number and looted him.

Petitioner's counsel submits that the petitioner has been implicated falsely on the basis of his own confessional statement which has been obtained by coercion. It is further submitted that it is a case of false implication on extraneous considerations and that he is in custody since 29.01.2020. Learned APP for the State has drawn the attention of the Court towards the order of rejection passed by the learned Sessions Judge, Purnea. It is submitted that the petitioner in his statement has disclosed the name of his associate and on his confessional statement a blue coloured Apache motorcycle without registration number which was used in the alleged occurrence has been recovered from the courtyard of the petitioner.

Considering the rival submissions, this Court for the present is not inclined to allow the petitioner's prayer for bail. The same is rejected.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks

Patna High Court CR. MISC. No.24652 of 2020(2) dt.22-09-2020 3/3 from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T