Washim Akhtar @ Md. Washim Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17325 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -GARMDAGA District- KISANGANJ ======================================================

1. Washim Akhtar @ Md Washim Akhtar S/o-Tajmul Haque, Resident of Village- Farabari, P.S.- Teragacch, District- Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Nityanand (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-06-2016 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 offence punishable under section 392 of the I.P.C Allegedly, two motorcycle borne criminals snatched cash of Rs. 30,000/- and mobile from the informant. During investigation on the basis of confessional statement of the petitioner the looted mobile was recovered from his house and further the motorcycle used in the crime was recovered from Village- Jhala.

Submission is of false implication and that the confessional statement of the petitioner has got been recorded forcibly, he is in custody since 12.02.2016, nothing has been

Patna High Court Cr.Misc. No.17325 of 2016 (4) dt.24-06-2016 2/2 recovered from conscious possession of the petitioner, he has not been put on the test identification parade and as such he deserves sympathetic consideration, to which the learned A.P.P. opposes by pointing out the recovery of the looted mobile. In the facts and circumstances as stated above, the petitioner shall be released on bail, after completion of six months in custody, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Kishanganj in Garvandanga P.S. Case No. 01 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

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