Sakir @ Chand Khan @ Sakir Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13510 of 2024 Arising Out of PS. Case No.-52 Year-2022 Thana- RAJIVNAGAR District- Patna ====================================================== Sakir @ Chand Khan @ Sakir Ansari Son of Late Md. Firoz Ansari R/o Mohalla Digha, EXTTI P.S. Digha, Distt. - Patna at present residing in Rental House of Md. Atif, Sahab Colony Khajur Banna, P.S. - Sultanganj, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anurag Anand, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Rajeev Nagar P.S. Case no.52 of 2022 registered under sections 454 and 380 of the Indian Penal Code.

3. As per the prosecution case, the informant states that while he and his wife had gone out, on return, they found a theft having taken place. Their Godrej almirah had been broken and the ornaments and other articles details of which has been given in the F.I.R. was stolen.

4. Learned counsel for the petitioner submits that the F.I.R. was registered against unknown. The petitioner was falsely implicated in the case in course of investigation because

Patna High Court CR. MISC. No.13510 of 2024(2) dt.12-03-2024 2/2 of his antecedents. No incriminating article has been recovered from the petitioner's possession and the prosecution has incorrectly stated about the petitioner's picture coming in the CCTV footage. Inspite of being in custody since 27.1.2023, chargesheet has been submitted without putting the petitioner on T.I. parade.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation as has been narrated in the order of the learned trial Court, the antecedents of the petitioner and the petitioner and one another having been identified in the CCTV footage which has come in course of investigation, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail after six months or framing of charge, whichever is later.

(Partha Sarthy, J) Saurabh/- U T