Md. Jamil Akhtar @ Jamil Akhtar @ Zamil Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56253 of 2018 Arising Out of PS. Case No.-138 Year-2016 Thana- BARSOI District- Katihar ====================================================== Md. Jamil Akhtar @ Jamil Akhtar @ Zamil Akhtar Son of Md. Shohrab Mallah @ Shohrab Mallah @ Md. Sohrab Resident of Village - Kazitola Shohjana, Police Station - Azamnagar, District - Katihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abdul Wadood For the Opposite Party/s :

Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Barsoi (Sudhani O.P.) P.S. Case No. 138 of 2016 registered under Sections 392, 304A, 337, 338 and 427 of the Indian Penal Code. Cash of rupees two lakhs of the informant is said to have been plundered by two unknown motorcycle borne criminals.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner is neither named in the F.I.R. nor any incriminating article has been recovered from his conscious physical possession. He was not put on T.I.P. The petitioner has been

Patna High Court Cr.Misc. No.56253 of 2018(8) dt.09-01-2019 2/2 languishing in custody since 16.10.2017.

On the other hand, learned APP for the State vehemently opposing the prayer for bail has submitted that the petitioner is having 14 criminal antecedents of the like nature. He happens to be inter-State criminal. He has confessed his guilt in the occurrence and as per the C.D.R. report his mobile tower location was found near place of the occurrence, hence he does not deserve bail.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

(Prakash Chandra Jaiswal, J) Trivedi/- U T