Latif @ Laddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64205 of 2022 Arising Out of PS. Case No.-267 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== LATIF @ LADDU SON OF SUBE KHAN R/O VILLAGE- UTAWAR, P.S.- UTAWAR, DISTRICT- PALWAL, STATE- HARYANA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Adv.

For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 10.08.2022, in connection with Ara Nawada P.S. Case No. 0267 of 2022, F.I.R. dated 03.04.2022, for the offences punishable under Sections 461, 379 of the Indian Penal Code. According to prosecution case, some unknown miscreants after cutting the ATM I.D. of the ATM machine, looted away cash of Rs. 21,87,500/- from the said ATM. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. The name of the petitioner has been transpired during investigation on the basis of the self confessional statement of the petitioner

Patna High Court CR. MISC. No.64205 of 2022(4) dt.20-04-2023 2/2 and CCTV footage. He further submits that nothing has been recovered from conscious possession of the petitioner and till date no T.I.P. has been conducted by the prosecution. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 10.08.2022.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries nine criminal antecedent other than the present one and as per paragraph-67 of the case diary, apart from nine antecedent, the petitioner is also required in other States like Madhya Pradesh, Haryana, Rajasthan.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Ara Nawada P.S. Case No. 0267 of 2022, pending in the court of learned C.J.M., Bhojpur at Ara.

Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T