Zaid Anwar @ Md. Zaid Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9908 of 2016 Arising Out of PS.Case No. -183 Year- 2015 Thana -AIRPORT District- PATNA ======================================================

1. Zaid Anwar @ Md. Zaid Anwar son of Kaish Anwar, resident of Mohalla- Gulistan, Naya Tola, Police Staton- Phulwari, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Sanjay Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 392 and 411 of the I.P.C Allegedly, three miscreants fled away with the Bolero vehicle having registration no. BRO7PA 2451 after touching pistol to the informant- driver and also took away his mobile and in the vehicle there was paper also. During investigation the petitioner was apprehended, he confessed his guilt, from possession of the petitioner Photostat copy of the Insurance and the owner book of that Bolero vehicle were recovered and further Bolero vehicle was recovered from the garage of co-accused Islam @ Nata. Submission is of false implication and that the petitioner is in custody since 24.12.2015 but he has not been put on the test identification parade, nothing has been recovered from

Patna High Court Cr.Misc. No.9908 of 2016 (5) dt.02-05-2016 2/2 his conscious possession, the Photostat copy of the owner book and the Insurance were given by the co-accused to the petitioner and without any legal and tangible material the petitioner is suffering in custody.

The learned A.P.P. opposes prayer for bail by submitting that the petitioner has got criminal antecedent also as he is involved in Gardanibagh P.S. Case No. 438 of 2015 registered under sections 399 and 402 of the I.P.C and sections 25 (1-B) A, 26 and 35 of the Arms Act.

In the facts and circumstances as stated above, considering the alleged recovery from the conscious possession of the petitioner and further his criminal antecedent, at present I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Hawai Adda P.S. Case No. 183 of 2015 pending in the court of Smt. Seema Kumari, J.M. 1st Class, Patna.

However, let the trial be expedited and concluded preferably within a period of six months from the date of receipt/ production of a copy of this order, failing which the petitioner, if at no fault, may renew his prayer for bail.

(Jitendra Mohan Sharma, J) Abhay/- U T