Lucky @ Md. Taukir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41672 of 2025 Arising Out of PS. Case No.-135 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== Lucky @ Md. Taukir S/O Mohammad Gulam Mohiuddin @ Gulam Mohiddin Ansari R/O Village-Parsauninath Fulwariya Chowk, PS- Rajepur, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Chakiya P.S. Case No. 135/2023, registered for the offence under Sections 395 and 397 of the Indian Penal Code.

3. The accused/petitioner is not named in the F.I.R. and is in custody since 05.03.2025.

4. As per FIR, four unknown miscreants committed dacoity in ICICI Bank, Chakiya and while committing so looted cash of Rs. 48,03,760/- from the cash counter and also the DVR of CCTV, Tab, bag, stamp of bank, gold chain, ring etc. from one of the customer.

5. Learned Counsel appearing on behalf of the petitioner submitted that name of the petitioner transpired during investigation out of confessional statement of co-accused, Ranjeet

Patna High Court CR. MISC. No.41672 of 2025(2) dt.20-08-2025 2/3 Kumar @ Ranjeet Kushwaha @ Triwedi, from the possession of whom one looted Tab of ICICI bank was recovered, but in furtherance of his confessional statement no incriminating material recovered from the possession of this petitioner as to connect him with present occurrence of dacoity. It is pointed out that despite of having all opportunity, the petitioner was not put on TIP as yet. While concluding the argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence and, moreover, petitioner found involved in one more criminal case i.e. Chakiya P.S. Case No. 168 of 2023, where he is on bail.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid factual submissions and by taking note of fact as save and except suspicion arising out of confessional statement of apprehended co-accused, nothing appears prima facie incriminating against this petitioner as to connect him with present occurrence of dacoity, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 05.03.2025, accordingly, petitioner above named, is directed to be released on bail in connection with Chakiya P.S. Case No. 135/2023 on furnishing

Patna High Court CR. MISC. No.41672 of 2025(2) dt.20-08-2025 3/3 bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS, with further condition that:- (i) The learned trial court must verify before accepting the bail bond, where the petitioner is involved only in one criminal case as submitted aforesaid and, if he is found involved in more than one criminal case, his bail bond shall not be accepted (Chandra Shekhar Jha, J) veena/- U T