Md.Jubair @Jubair Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9922 of 2021 Arising Out of PS. Case No.-274 Year-2020 Thana- GAYA MUFASIL District- Gaya ====================================================== MD.JUBAIR @JUBAIR ALAM Son of Md. Usman, Resident of MohallaJagdishpur Near Abgila, P.S.- Muffasil, Distt- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Priya Ranjan, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner as well as the learned APP for the State.

The petitioner apprehends his arrest in connection with Mofassil P.S. Case No. 274 of 2020 registered for offence punishable under sections 461 and 379 of the Indian Penal Code.

As per allegation, Rs.1,73,500/- was stolen from S.B.I. C.S.P. in the mid night at 2:18 a.m. on 24.07.2020. The learned counsel for the petitioner has submitted that the petitioner was not arrested at the spot and nothing was recovered from his possession. The only material emerged during investigation against the petitioner in CCTV Footage, which was neither verified nor its genuineness was

Patna High Court CR. MISC. No.9922 of 2021(2) dt.22-12-2021 2/2 authenticated by the concerned authority.

The order of learned Additional Sessions Judge-III, Gaya passed in A.B.P. No. 1687 of 2020 shows that during investigation from CCTV Footage it was found that two persons aged about 45-50 and 30-35 years old after breaking open the lock, were stealing money as per paragraph 7 of the case diary. The police informer has identified the present petitioner and coaccused Pappu Mian after perusing the CCTV Footage. Considering the above mentioned facts and circumstances, it is not a fit case for anticipatory bail and accordingly the prayer for anticipatory bail is rejected. (Nawneet Kumar Pandey , J) Mahesh/- U T