Md. Ilayasu @ Md. Ilasu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23229 of 2020 Arising Out of PS. Case No.-269 Year-2019 Thana- BARSOI District- Katihar ====================================================== MD. ILAYASU @ MD. ILASU Son of Late Sattar R/O- Dhatha, P.S.- Barsoi, Distt.- Katihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in Barsoi P.S. Case No. 269 of 2019 registered under Section 392 of the Indian Penal Code.

Prosecution allegation, in short, is that the accused persons looted a sum of Rs. 74,000/-, Aadhar Card and voter ID in the case.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.23229 of 2020(3) dt.04-12-2020 2/3 allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R.. The name of the petitioner has transpired in course of investigation. The allegation of recovery of looted Aadhar Card and voter ID card from the house of petitioner is denied by the petitioner. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R. The F.I.R. was instituted against three unknown persons who are alleged to have looted 74,000/-, Aadhar Card and voter ID. Subsequently, in course of investigation, two witnesses who were there at the place of occurrence and whose statements are recorded in paragraphs 9 and 10 of the case diary have stated that the petitioner participated in the alleged occurrence of loot and paragraph 35 of the case diary is the seizure list of the Aadhar Card and the articles which are said to have been recovered from the house of this petitioner.

Considering the same, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected. If the petitioner surrenders in the Court below and prays for regular bail, the same shall be considered on its own merit without

Patna High Court CR. MISC. No.23229 of 2020(3) dt.04-12-2020 3/3 being prejudiced by this order.

(Sudhir Singh, J) Pankaj/- U T