Md. Talmid @ Simi @ Chini v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6009 of 2021 Arising Out of PS. Case No.-105 Year-2019 Thana- GANDHIMAIDAN District- Patna ====================================================== MD. TALMID @ SIMI @ CHINI, S/O Late Md. Cash Resident of Village - Bakarganj, (Mohrampur), P.S. - Pirbahor, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar, Adv.
For the Opposite Party/s :
Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120(B) of the Indian Penal Code and 27 of the Arms Act.
The prosecution case in brief is that, the informant with his elder brother managed two shops at Dak Bungalow Chouraha and Mourya Complex. The informant received a telephonic message around on 23.02.2019 that his elder brother has met with an accident and is admitted in PMCH, Patna where, he was told by the family members that his brother has been murdered. It has also been stated that his brother was carrying money and was going to his shop and in order to snatch money from him, the accused persons murdered him.
Patna High Court CR. MISC. No.6009 of 2021(4) dt.19-07-2021 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR, on the confessional statement of co-accused he had made accused in this case. The petitioner is in jail custody since 28.03.2019. The petitioner has 08 criminal antecedents which is mentioned in para 3 of the bail petition. Similarly situated coaccused has been granted by a co-ordinate Bench of this Court. Learned APP for the State opposed the prayer for bail petition and submits that the petitioner had accepted this fact in his confessional statement that he fired upon the deceased. Other co-accused also stated in his confessional statement made the same statement before the police. On the confessional statement of co-accused and presently arms have been recovered from the house of the co-accused.
I perused the case diary and record, it appears that the petitioner belongs to an organized criminal gangs and he is having several criminal antecedents.
Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Gandhi Maidan P.S. Case No. 105/2019 from
Patna High Court CR. MISC. No.6009 of 2021(4) dt.19-07-2021 3/3 the Court of learned A.D.J.-(XX), Patna.
Accordingly, this application is dismissed.
The trial court is directed to complete the trial as expeditiously.
(Anjani Kumar Sharan, J) amitkumar/- U T