Arif Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35972 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -PIRBAHOR District- PATNA ======================================================

1. Arif Ali Son of Arshad Imam, R/o Bata Gali, Sabzi Bagh, P.S.- Pirbahore, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-08-2017 Heard the parties.

This application is for grant of regular bail in connection with Pirbahore P.S.Case No.25 of 2017, registered for the offences punishable under Sections 385, 386/34 of the Indian Penal Code.

Allegation against the petitioner, as per F.I.R., is about demand of extortion and when the extortion money was not paid, the person had gone to the shop of the informant and made firing there and again demand was made making threat to him. The petitioner is not named in the F.I.R. and later on his name transpired in this case on the basis of confession of the co-accused. It further appears that apart from that he is accused in three other cases.

Submission of the learned counsel for the petitioner is that he ahs been falsely implicated in this case and except

Patna High Court Cr.Misc. No.35972 of 2017 (3) dt.22-08-2017 2/2 confession there is nothing against him and so far antecedent is concerned, these are old cases. It is further submitted that the other co-accused has already been granted bail by this Court vide order dated 7.7.2017 passed in Cr. Misc. No.27638 of 2017 and order dated 6.7.2017 passed in Cr. Misc. No.25489 of 2017 Heard learned A.P.P. also, who has opposed the prayer for bail Having heard both sides and so far grant of bail to the other accused persons is concerned, from perusal of the record it appears that they have been granted bail on the ground of confession of this accused as their names transpired in this case on his confession and apart from that he is criminal antecedent and allegation as per F.I.R. is very serious in nature, as such, I am not inclined to grant bail to the petitioner, however, since he is in custody for seven months, the learned trial court is directed to expedite the trial and try to conclude it on regular basis favourably within a period of ten months.

With the aforesaid observation, this application is dismissed.

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