Md. Danish Ujjair @ Md. Danish Ozair v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54003 of 2025 Arising Out of PS. Case No.-376 Year-2024 Thana- HISUWA District- Nawada ====================================================== Md. Danish Ujjair @ Md. Danish Ozair Son of Md. Sajid Ozair Vill - Gajasarai (Islampur), P.S - Islampur, Dist - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar For the Opposite Party/s :
Mr. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-11-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Hisua Police Station Case No. 376 of 2024, dated 30.06.2024, disclosing offences under Section 461/379 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution story, as per the First Information Report, is that on 29.06.2024 at about 11:00 P.M., the informant returned home after locking his garage situated near T.S. College, Village Ursa and when he reached the garage the next morning, he found that the lock of the main gate and the locks of two inside rooms were broken. On entering the rooms, he found that twelve pieces of MRF tyres, three pieces of Amaron batteries (120 Ampere), thirty pieces of patti of 909 bus, along with several other bus
Patna High Court CR. MISC. No.54003 of 2025(3) dt.15-11-2025 2/3 parts, had been stolen.
4. Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and he has falsely been implicated in the present case on the basis of confessional statement made by co-accused Bablu Kumar and Sakaldeep Chouhan. He next submits that the petitioner runs a scrap shop and deals in old, damaged and useless articles. He further submits that the petitioner has no knowledge that the articles, recovered from his shop, belongs to the informant and had no intention to commit any offence. The petitioner has got no criminal antecedent.
5. I have heard learned counsel for the parties and have gone through the materials of record, including the impugned order.
6. From perusal of the impugned order as well as case diary, it transpires that the co-accused Bablu Kumar and Sakaldeep Chouhan, in their confessional statement, has disclosed the name of the petitioner and during course of investigation, the stolen articles have been recovered from the petitioner's shop and the same have been identified by the informant.
Patna High Court CR. MISC. No.54003 of 2025(3) dt.15-11-2025 3/3
7. Considering the aforesaid, I do not find any reason to differ with the findings arrived at by learned Principal District and Sessions Judge, Nawada, inasmuch as the case is under investigation, for which, custodial interrogation of the petitioner may be necessary, accordingly, I am not inclined to grant the petitioner privilege of anticipatory bail.
8. This application is, accordingly, dismissed. (Anil Kumar Sinha, J) ashwani/- U T