Md. Ahmad @ Ahmad Reza @ Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47991 of 2014 Arising Out of PS.Case No. -676 Year- 2014 Thana -ARARIA District- ARRARIA ====================================================== Md. Ahmad @ Ahmad Reza @ Ahmad S/o Razi resident of villageSisouna, P.S.- Araria, District- Araria .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 20-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under Sections 147, 341, 379, 384, 504 and 506 of the Indian Penal Code.

The allegation is that two persons including the petitioner pretending to be the Personnel Crime Branch asked the informant to hand over the key of the motorcycle to verify whether there was any fire arm. On protest by the informant, the key of the motorcycle was snatched and the petitioner took away his motorcycle. Later on, it has also been alleged that one person accompanied the culprit took away his purse, ATM card, identity card, mobile phone and cash amount of Rs.700/- and Rs.25,000/- was also taken out from the account of the informant through his ATM card.

It is submitted by the learned counsel for the petitioner that he has been falsely implicated in this case. The occurrence had taken place on 20.8.2014 whereas the F.I.R. has been lodged on 25.8.2014 and there is no

Patna High Court Cr.Misc. No.47991 of 2014 (3) dt.20-03-2015 2/2 proper explanation for delay in lodging the F.I.R. The petitioner has been in custody since 5.9.2014. After investigation chargesheet has already been submitted and there is no chance of tampering with the witnesses. Learned counsel for the State submits that there is specific allegation of overt act against the petitioner. On the confessional statement of the petitioner the looted motorcycle has been recovered and other articles have also been recovered from the possession of the coaccused. Considering the facts and circumstances of this case, in my opinion, the petitioner does not deserve bail at this stage. His prayer for bail is rejected. Let the trial of the petitioner in Araria P.S. case no. 676 of 2014 be expedited.

(Amaresh Kumar Lal, J) sudip/- U T