Taukir Alam @ Taukir @ Taukir Sekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27488 of 2016 Arising Out of PS.Case No. -183 Year- 2014 Thana -KADWA District- KATIHAR ====================================================== Taukir Alam @ Taukir @ Taukir Sekh Son of Tajmul Sekh @ Tajmul resident of Village- Niyamatpur , Sudhani (O.P.) P.S. Barsoi,DistrictKatihar .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Sri Surendra Prasad Singh,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Kadwa (Balia belone) P.S. Case No.183 of 2014 for the offences instituted under Sections 395, 397 of the IPC., and 3⁄4 of Explosive Substance Act.

The prosecution story, in brief, is that on 29.10.2014 at about 11.45 P.M. while the informant along with his other family members after taking meal was sleeping, he heard sound of breaking lock of his grill. He woke up and saw 10-12 unknown miscreants standing there having variously armed with deadly weapons. Some of them had covered their face with clothes and they asked for key of Almirah of the informant in course of which

Patna High Court Cr.Misc. No.27488 of 2016 (2) dt.13-07-2016 2/3 the son of the informant somehow managed to flee away. But all the miscreants broke open the almirah and box by means of an axe and took away old silver jewellery weighing 60 - 70 bhars which was of his customers. The accused persons also committed dacoity in the house of the brother of the informant, Binod Kumar and his nephew, Pradeep Kumar.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. It is further submitted that save and except the confessional statement there is no substantive evidence against the petitioner. The other co-accused, Abdul Khalique has already been granted regular bail vide Cr. Misc. No.6501 of 2015 on 19.02.2015. On behalf of the State it has been submitted that the petitioner is not named in the F.I.R. but his name has come on the basis of the confessional statement of co-accused in course of investigation that the petitioner has actively participated in the occurrence.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected. Any how, if the petitioner surrenders in the court below within a period of six weeks from the date of receipt/production of copy of the order the same shall be considered by the court below

Patna High Court Cr.Misc. No.27488 of 2016 (2) dt.13-07-2016 3/3 taking into account that the other co-accused has been granted regular bail.

With the aforesaid observation, the present application is disposed of.

AnilKrSinha/- (Sudhir Singh, J) U T