Md. Bablu @ Bablu @ Babli v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63916 of 2022 Arising Out of PS. Case No.-711 Year-2020 Thana- NAWADA District- Nawada ====================================================== Md. Bablu @ Bablu @ Babli Son Of Ahmad Hussain R/O MohallaMoglakhar, P.S.- Nawada (BUNDEL Khand O.P.), District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 396, 397, 412 of the Indian Penal Code. Earlier the prayer for bail of the petitioner was rejected vide order dated 17.01.2022 passed in Cr. Misc. No. 22752 of 2021.

It is alleged by the informant that there was an armed dacoity in his house in the night hours of 11.08.2020 and in that armed dacoity, the dacoits had killed his son Roshan Kumar. It is further alleged that

Patna High Court CR. MISC. No.63916 of 2022(6) dt.03-10-2023 2/3 mobile phones of the family members and other articles including CCTV camera were looted in the dacoity. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Rahul Kumar and except confession, there is no iota of evidence against the petitioner to connect him with the crime in question. Nothing has been recovered from the possession of the petitioner. The petitioner has still not been put on T.I.P. The petitioner is languishing in custody since 22.08.2020.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that blood stained clothes apart from the looted mobile phones were seized from co-accused Rahul Kumar and on his confession, the petitioner was apprehended. There is proper evidence

Patna High Court CR. MISC. No.63916 of 2022(6) dt.03-10-2023 3/3 regarding communication between the petitioner and the main accused Rahul Kumar prior to the incident and after the incident and in the occurrence, the son of the informant was killed. There is appropriate evidence against the petitioner to connect him in the present case. Considering the facts aforesaid, this Court is not inclined to grant the privilege of bail to the petitioner for the present. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same within a period of six months from today. The petitioner is at liberty to renew his prayer for bail, if the trial is not concluded within a period of six months.

(Sunil Kumar Panwar, J) Shageer/- U T