Sakib @ Md. Sakib Faiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79038 of 2023 Arising Out of PS. Case No.-245 Year-2023 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Sakib @ Md. Sakib Faiyaz S/O Faiyaz Ahmad @ Faiyaz Alam @ Tamona Village- Baletha Shekh Mohalla, Ps. Siwan Muffasil (Mahadwa Op), Dist. Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395 of the Indian Penal Code.

It is a case of robbery. Five miscreants armed with pistol and katta entered into the jewellary shop of the informant and on pistol point, they have looted 7 kg silver ornaments, 150 gm gold and Rs. 2 lakhs and fled away by threatening.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in the FIR. His name has been disclosed in this case

Patna High Court CR. MISC. No.79038 of 2023(3) dt.15-01-2024 2/2 only on the basis of confessional statement of co-accused Adil Ansari and Arbaz ali before the police. Petitioner is languishing in judicial custody since 31.07.2023. Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that the petitioner has got three criminal antecedents and some silver jewellery has been recovered from the conscious possession of the petitioner. During investigation, witnesses of this case have supported the prosecution case and in para 61 of the case diary, the informant has also identified the recovered silver jewellery from the petitioner as a looted jewellery from his shop. Having heard the learned counsel for the parties and considering the fact and gravity of the nature, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) lata/- U T