Md. Kaifi Azmi @ Md. Kaifi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64126 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- HABIBPUR District- Bhagalpur ====================================================== Md. Kaifi Azmi @ Md. Kaifi, Son of Sabbir Ahmad, Resident of Muslim High School, Daudchak, Police Station - Habibpur, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md.Najmul Hodda, Adv.

For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-11-2024 Heard Mr. Md. Najmul Hodda, learned counsel for the petitioner and Mr. Lalan Kumar, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Habibpur P.S. Case No. 18/2024 dated 29.01.2024 registered for the offence punishable under Section 392 of the Indian Penal Code.

3. Learned counsel appearing for the petitioner submits that the instant matter relates to loot of a Toto vehicle, snatching of Rs. 600/- and a mobile phone from the possession of the informant but there is no any evidence to show the petitioner's involvement in the alleged loot except the confessional statement of co-accused, namely, Md. Kausar. Though the looted vehicle has been recovered but the same was recovered from the garage of co-accused Md. Kausar and at this

Patna High Court CR. MISC. No.64126 of 2024(3) dt.29-11-2024 2/2 stage, except the statement of co-accused Md. Kausar, there is no any material evidence against this petitioner. Learned counsel further submits that in the present time, the petitioner has no criminal antecedent, though he was made accused in Habibpur P.S. Case No. 184/2019 registered under sections 394 and 411 of the IPC but he has been acquitted in the said case.

4. Learned APP appearing for the State has opposed the prayer for bail.

5. Heard both the sides and perused the FIR and the case diary of this case. The instant matter relates to loot, though there is no any direct evidence against the petitioner at this stage but his role in the alleged crime has surfaced in the confessional statement of co-accused Md. Kausur and on that basis, the looted vehicle has also been recovered from the garage of the co-accused as submitted above and the investigation is still pending against this petitioner, so, at this stage it will not be proper to give the relief of anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner stands rejected. (Shailendra Singh, J) annu/- U T