Md. Jafar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26949 of 2018 Arising Out of PS. Case No.-96 Year-2017 Thana- PAROO District- Muzaffarpur ====================================================== Md. Jafar son of Md. Usman, Resident of Village Repura, P.S. Lalganj, District Vaishali at Hajipur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. Rajendra Singh Shastriji (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Paroo P.S. Case No. 96 of 2017 registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegedly, three motorcycles borne criminals at the point of pistol snatched bag containing cash, P.O.S. machine and mobile of the informant and his two associates, on the basis of confessional statement of the petitioner and co-accused the petitioner has been remanded in this case.

Submission is of false implication and that the petitioner has been made accused on mere suspicion and remanded in this case on 28.06.2017 from Vaishali (Belsar) P.S.

Patna High Court Cr.Misc. No.26949 of 2018(3) dt.17-05-2018 2/2 Case No. 17 of 2017, nothing has been recovered from his possession, the amount shown in seizure list was of the petitioner himself and that was not looted property and, as such, petitioner deserves sympathetic consideration. Learned A.P.P opposes the prayer of bail by submitting that from the para 43 of the case diary, it reveals that co-accused Bheem Sahani has confessed his guilt stating the name of the petitioner regarding his involvement in the crime. The amount of Rs. 5,000/-, Apache motorcycle, one loaded country made katta and mobile were also recovered form possession of the petitioner vide para 31 of the case diary.

In the facts and circumstances stated above, considering the alleged recovery and criminal antecedents of the petitioner, as he is involved in nine more cases, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Paroo P.S. Case No. 96 of 2017, pending in the court of learned Additional Chief Judicial Magistrate-III, West Muzaffarpur. (Jitendra Mohan Sharma, J.)