Md. Tausif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25984 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -PIRBAHOR District- PATNA ======================================================

1. Md. Tausif son of Md. Raju @ Md. Asgar Resident of Khalilpura Imambara, Phulwarisharif, P.S. Phulwarisharif, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2017 Learned counsel for the petitioner is permitted to make necessary correction in para -10 of bail petition. The petitioner seeks regular bail in connection with Pirbahore P.S. Case No. 25 of 2017, registered for offences punishable under Sections 385/386 and 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that he has not been named in the F.I.R, his name transpired in this case during the course of investigation on the basis of C.C.T.V footage, on which he has been identified. Further he has made confessional statement but according to the confessional statement also, there is no allegation of demand of ransom against the petitioner and at best it can be alleged that he was only threatening

Patna High Court Cr.Misc. No.25984 of 2017 (3) dt.05-07-2017 2/2 the informant, for which only Section 386 Indian Penal Code can be applied and not Section 385 Indian Penal Code. Further petitioner has been in judicial custody since 02.02.2017. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and as he fired on the informant and he was caught in the C.C.T.V. footage, as such, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, the trial court is directed to expedite the trial and try to conclude it as early as possible.

(Vinod Kumar Sinha, J) sunil/- U T