MD. MUSTAQ Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel for the petitioner Mr. Nilesh Kumar is present.

(2.) Learned counsel for the petitioner submits that the petitioner is in custody in connection with Hindpiri P.S. Case No. 73/18 corresponding to G.R. No. 192 of 2019 for the offence registered under Sections 147,341,323,452,386 of the Indian Penal Code.

(3.) Learned counsel for the petitioner submits that the petitioner is in custody since 19.12.2018. He further submits that the bail application of the petitioner was earlier rejected by this court vide order dated 12.06.2020 in B.A. No. 1442 of 2020. It has been alleged that while commission of offence, the petitioner along with other co-accused had taken Rs. 60,000/- as well as two mobile phones from the informant. He further submits that neither the money nor the mobile phone has been ultimately recovered from the petitioner. Although the petitioner has been named in the F.I.R., but so far as investigation is concerned, the case of the prosecution is based on the confessional statement of the petitioner before the police. Learned counsel submits that the co-accused Md. Shahid has been granted bail by a co-ordinate Bench of this court vide order dated 29.07.2020 in B.A. No. 4036 of 2020 considering his custody. Learned counsel submits that the petitioner does not have any criminal antecedent.