Md Taukir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2748 of 2021 Arising Out of PS. Case No.-332 Year-2020 Thana- PURNEA SADAR District- Purnia ====================================================== MD TAUKIR aged about 26 years S/o Md. Tajamul @ Tajmul Hussain R/o village- Niyamatpur, P.S.- Barsoi, District- Katihar ... Petitioners

Versus

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

For the Petitioners :

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

Sharda Kumari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-06-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Sadar Police Station Case No. 332 of 2020 registered for the offences punishable under sections 395 and 397 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, in the night 15 unknown miscreants committed dacoity in the house of the informant. They looted away cash Rs.7 lacs as well as golden ornaments and mobile phones of the the house inmates.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of confessional statement of co-accused Md. Gulten and in fact no incriminating material has been recovered from the conscious possession of the petitioner. Test Identification Parade of the petitioner as well as the seized articles have not been carried out till date. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 16.9.2020.

Learned counsel for the State opposes the prayer for bail and submits that during course of investigation, police

Patna High Court CR. MISC. No.2748 of 2021(3) dt.14-06-2021 2/2 chased miscreants and caught hold of the petitioner and other accused persons and on search cash Rs.70,000/-, Aadhar card of informant's father and a motorcycle were recovered from the possession of the petitioner.

Considering the rival submissions of the parties and the recovery of alleged looted articles from the possession of the petitioner, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T