Md. Jamil @ Md. Jimal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1061 of 2017 Arising Out of PS.Case No. -408 Year- 2014 Thana -NARPATGANJ District- ARRARIA ====================================================== Md. Jamil @ Md. Jimal, Son of Md. Ahamad @ Abdul Ahamad @ Md. Ahad, resident of Village- Mohanpur Khathara, Police Station- Chhatapur, District- Supoul.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Mukesh Kumar Rana, Advocate. For the Opposite Party : Mr. Rajendra Nath Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 04.10.2016 in connection with Narpatganj P.S. Case No. 408 of 2014 for the offences instituted under Section 392 of the IPC. The prosecution story, in brief, is that on 13.10.2014 while the informant alongwith his staff was returning after collecting dues amount, three persons riding on a motorcycle overtook him and snatched cash Rs. 2,00,000/- and mobile from the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.10.2016 and the charge sheet has

Patna High Court Cr.Misc. No.1061 of 2017 (2) dt.20-02-2017 2/2 been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has falsely been implicated in the present case. He is not named in the F.I.R. His name has come on the basis of confessional statement of Md. Mustaque. There is no recovery of any incriminating article from possession of the petitioner. He has not been put on T.I. Parade. It is further submitted that the petitioner may be released on bail after completion of six months in custody from 04.10.2016.

On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R. His name has come in course of investigation. There is one case pending against him. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of six months in custody from 04.10.2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria in connection with Narpatganj P.S. Case No. 408 of 2014.

U.K./- (Sudhir Singh, J) U T