Samim @ Shamia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41764 of 2016 Arising Out of PS.Case No. -275 Year- 2016 Thana -KATIHAR District- KATIHAR ====================================================== Samim @ Shamia, S/o late Ali Hussain, R/o Rampara P.S. & District Katihar.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party : Mr. Sri Iftekhar Mahmood (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Katihar Town P.S Case No. 275 of 2016 registered for the offence punishable under Section 392 of the Indian Penal Code. Allegedly, three boys came near the informant at Betel shop of Chhotu, demanded the key of the motorcycle and when the informant refused to give the key of motorcycle, they snatched the key of the motorcycle and Samsung mobile on the point of pistol and fled away towards Daulatram Chowk, during investigation the name of the petitioner transpired and on the basis of his confessional statement looted motorcycle has been recovered from the house of co-accused and the petitioner has got

Patna High Court Cr.Misc. No.41764 of 2016 (2) dt.06-10-2016 2/2 criminal antecedent also.

Submission is of false implication and that nothing has been recovered from the possession of the petitioner. He has not been put on T.I.P., though he is in custody since 29.07.2016 and as such he deserves sympathetic consideration Learned A.P.P opposes the prayer of bail by submitting that petitioner has been arrested from house of coaccused namely Ashok Ravidas along with looted motorcycle. In the facts and circumstances stated above, considering the recovery of looted motorcycles on the basis of confessional statement of the petitioner, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J.) Rajiv/- U T