Patna High CourtCR. MISC./64955/2021disposed

Md Alam v. The State Of Bihar

2022-04-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64955 of 2021 Arising Out of PS. Case No.-72 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== Md Alam Son of Abdul Manan @ Manna Bhagat Resident of VillageJandaha, P.S.- Jandaha, District- Vaishali. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranav Kumar Jha For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner seeks bail in Jandaha P.S. Case No. 72 of 2020, registered for the offence punishable under Section 395 of the Indian Penal Code.

FIR was registered against unknown for the occurrence of dacoity.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. Name of this petitioner has surfaced in this case on the basis of confessional statement of co-accused Abhishek Kumar. No incriminating article has been recovered from possession of this petitioner. Till date petitioner has not been put on test identification parade. Petitioner is in custody since 27.07.2021 having no criminal antecedent.

Patna High Court CR. MISC. No.64955 of 2021(3) dt.15-04-2022 2/2 Learned APP however, vehemently opposed the prayer for bail and submitted that looted mobile of the informant has been recovered from possession of this petitioner. Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. However, once charge is framed and trial commences, the petitioner shall be released on bail by the learned trial court on its own satisfaction and on the condition that petitioner will cooperate in disposal of trial and appear before the court, as and when required.

(Prabhat Kumar Singh, J) vinita/- U T