Md. Kalam @ Nanajee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35125 of 2016 Arising Out of PS.Case No. -44 Year- 2015 Thana -BANKA District- BANKA ====================================================== Md. Kalam @ Nanajee son of late Sk. Jabbar, resident of village- Khariyara P.S -Barahat, District Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brijnandan Prasad, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Banka P.S. Case No.44 of 2015 registered under Sections 395, 397 and 412 of the Indian Penal Code as well as Sections 3 and 4 of the Explosive Substances Act.

It is submitted by the learned counsel for the petitioner that co-accused Yogendra Sah and Nagmani Mandal @ Manish Mandal having more or less identical allegation have already been granted bail by different orders passed by different Benches of this Court. It is also submitted that apart from confessional statement of co-accused Nagmani Mandal @ Manish Mandal, there is no other material to connect the petitioner with the alleged offence. On the other hand, learned counsel for the State has

Patna High Court Cr.Misc. No.35125 of 2016 (2) dt.20-08-2016 2/3 submitted that it is a serious case of bank dacoity in which Rs.11,84,196/- was looted away from Dudhari Branch of the State Bank of India at Banka. The miscreants had also fired on the employees of the bank and had hurled bomb outside the bank to scare the local people.

I have heard respective counsel for the parties and perused the materials available on record.

It would be evident from the impugned order passed by the learned Sessions Judge, Banka that the petitioner was one of the active participants in commission of the alleged dacoity. He has also received Rs.1.5 lakh as his share after commission of dacoity. In course of investigation, Rs.4,73,000/- was recovered from co-accused Nagmani Mandal @ Manish Mandal, who is said to have been released vide order dated 4.3.2016 passed in Cr.Misc. No.1874 of 2016. A web copy of the aforesaid order has been produced by the learned counsel for the petitioner. Let the same be kept on record.

Having considered the submissions advanced at the Bar and after going through the materials available on record, I am unable to persuade myself to grant bail to the petitioner considering the gravity of the offence, the manner in which the crime was committed and the role of the petitioner as alleged by

Patna High Court Cr.Misc. No.35125 of 2016 (2) dt.20-08-2016 3/3 co-accused Nagmani Mandal @ Manish Mandal from whose house looted money was recovered.

Accordingly, the application for bail of the petitioner is rejected.

(Ashwani Kumar Singh, J) Md.S./- U T