Md. Jamaluddin @ Md. Jamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.32589 of 2020 Arising Out of PS. Case No.-39 Year-2020 Thana- PURNEA SADAR District- Purnia ====================================================== Md. Jamaluddin @ Md. Jamal, Son of Md. Mofil Mansuri @ Md. Mofil, Resident of Village- Karimnagar Jhunni, P.S.- K. Nagar, District- Purnea (Bihar).

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Ms. Sahin Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-12-2020 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Ms. Sahin Begum, learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Sadar (Mufasil) P.S. Case No. 39 of 2020 registered for the offence under Section 395 of the Indian Penal Code.

As per prosecution story the informant who was working as D.B.O. Chandpur Base Branch, Bandhan Bank, Kadwa, Katihar was coming on motorcycle after collecting amount of Rs. 1,10,383/- which was kept in black colour bag,

Patna High Court CR. MISC. No.32589 of 2020(2) dt.08-12-2020 2/3 some miscreants surrounded him and they snatched the aforesaid money with some articles and fled away. Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and he has falsely been implicated in this case on the basis of suspicion. Learned counsel submits that there has been recovery of motorcycle, cash and one mobile phone from the Sasural of the petitioner and not from his possession. The petitioner is in judicial custody since 26.01.2020.

Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case, wherein it appears on perusal of the records as also the impugned order that this petitioner has got criminal antecedent of four cases on his head and there has been recovery of the motorcycle and cash also from his Sasural, in the nature of the materials corroborating the allegations against the petitioner and the criminal antecedent being of serious nature, this Court is not inclined to grant regular bail to this petitioner at this stage. Prayer for regular bail of the petitioner is, thus, refused.

Let the trial be expedited.

Patna High Court CR. MISC. No.32589 of 2020(2) dt.08-12-2020 3/3 The learned trial court is directed to fix the case on priority basis without granting any adjournment and all endevours be made to conclude the trial within a period of six months from the date of receipt/production of a copy of this order.

If the trial is not concluded within a period of six months, this petitioner will have liberty to renew his prayer for bail.

(Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.