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Patna High CourtCR. MISC./20178/2020bail rejected

Md. Mujaffar Ansari @ Mujaffar Ansari v. The State Of Bihar

2020-09-03Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20178 of 2020 Arising Out of PS. Case No.-8 Year-2020 Thana- AMAS District- Gaya ====================================================== MD. MUJAFFAR ANSARI @ MUJAFFAR ANSARI Son of Murtaza Ansari @ Mohammad Murtaza R/O Village - Bela, P.S.- Gurua, Dist.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-09-2020 Heard Dr. Kamal Deo Sharma, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Amas P.S. Case No. 08 of 2020 registered for the offence punishable under Sections 392 and 411 of the Indian Penal Code 1860.

The allegation against the petitioner as per the First Information Report is that the petitioner along with other accused persons intercepted the Bolero (pick-up van) of the informant in which goods (white Til) was being transported and looted the goods along with the vehicle in

Patna High Court CR. MISC. No.20178 of 2020(3) dt.03-09-2020 2/3 question.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has been implicated in this case on the basis of confessional statement of co-accused who was arrested by the Police. Learned counsel further submits that petitioner is not named in the First Information Report and he has no criminal antecedent also.

Learned counsel for the State on the other hand, vehemently opposes the prayer for bail and submits that on the confessional statement of the petitioner as well as the other accused person which have been recorded by the Police and on the basis of their identification, looted vehicle as well as the goods in question have been recovered. Learned counsel for the State submits that GPS system was installed in the stolen vehicle and hiding place of the vehicle was also traced by the Police by using GPS system. Learned counsel further submits that Test Identification Parade was conducted in which the petitioner was identified by the informant.

Having regard to the submissions made by the

Patna High Court CR. MISC. No.20178 of 2020(3) dt.03-09-2020 3/3 parties and taking into consideration the fact that on identification of the petitioner, looted vehicle has been recovered and petitioner was identified by the informant in the Test Identification Parade, I am not inclined to grant regular bail to the petitioner.

The prayer for bail stands rejected.

(Anil Kumar Sinha, J) S.Ali/- U T