Taufik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2772 of 2025 Arising Out of PS. Case No.-119 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Taufik Son of Rukmuddin Resident of Village- House No. 109, Ward No. 8, Nuh Marg, P.S.- Tauru, District- Nut (Mewat) Hariyana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 119 of 2024 dated 09.03.2024 registered for the offences punishable under Sections 461 and 379 of the I.P.C. Later on, Sections 420, 467, 468 and 120B of the I.P.C. were also added.

3. As per the prosecution case, on 09.03.2024 between 2.20 A.M. to 2.40 A.M., some unknown miscreants are alleged to have committed theft of cash of Rs. 3,58,400/- by cutting off ATM Machine with the gas cutter from Bankat Road, Motihari. It is further alleged that the I.D. of AMT Machine is 71. BY000 137091) which was maintained by Hichachi Payment Services

Patna High Court CR. MISC. No.2772 of 2025(2) dt.14-02-2025 2/3 Company Ltd., and its registered office at Level-3, Silicon Yavars 23/1, Belacheri Tambaram, Main Road Publicnai, Chennai-600100, Tamilnadu.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the F.I.R. has been registered against unknown and the petitioner is not named in the F.I.R. His name has surfaced in the present case during the course of investigation on the basis of the confessional statement of the co-accused Md. Safi which has got no evidentiary value in the eye of law. It is further submitted that no T.I. Parade has been conducted to identify the real culprit of the alleged offence and only C.D.R. of mobile number shows that the said mobile is registered in the name of the petitioner. The petitioner has five criminal antecedents as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 05.09.2024. Similarly situated co-accused has already been granted regular bail by this court vide order dated 05.09.2024 passed in Cr. Misc No. 57747 of 2024.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.2772 of 2025(2) dt.14-02-2025 3/3 of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, Motihari, East Champaran in connection with Muffasil P.S. Case No. 119 of 2024 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T