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Patna High CourtCR. MISC./356/2025rejected

Lucky @ Taukir @ Md. Taukir Alam v. The State Of Bihar

2025-01-18Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.356 of 2025 Arising Out of PS. Case No.-135 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== Lucky @ Taukir @ Md. Taukir Alam Son of Gulam Mohiuddin Ansari Resident of Village - Parsauni Nath, P.S. - Baruraj, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-01-2025 Heard learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner apprehends his arrest in connection with Chakia P.S. Case No. 135 of 2023 instituted for the offences punishable under Section 395 and 397 of the Indian Penal Code

3. As per the prosecution case, F.I.R. has been lodged against five unknown accused persons against whom there is an allegation committing dacoity in the ICICI Bank and looted Rs. 48,03,760/- from the Bank and it is also alleged that they have snatched case of Rs. 30,000/- and gold chain from one of the customer.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.356 of 2025(2) dt.18-01-2025 2/3 petitioner has falsely been implicated in this case. He further submits that he has three criminal antecedent. He further submits that petitioner is not named in the FIR and nothing incriminating has been recovered from his possession. He name has been figured on the basis of confessional statement of the co-accused namely Ranjit Kumar. He further submits that petitioner has been made accused in the present case without any cogent evidence or material against him.

5. Learned APP for the State opposes the prayer for bail of the petitioner

6. From perusal of the F.I.R., impugned order dated 22.02.2024 and case diary, it appears that in para 50 of the case diary, confessional statement of the co-accused Ranjit Kumar is mentioned where he confessed his own involvement and involvement of the petitioner in commission of loot of ICICI Bank. Police recovered looted Tab of ICICI Bank and a seizure list was prepared in this regard which is mentioned in para-58 of the case diary. Moreover, police has recovered Rs. 2,00,000/- from the house of the co-accused and investigation of the case is still going on as per paragraph 96 of the case diary also petitioner possess three criminal antecedent which is mentioned in para no. 3 of the bail petition. So, considering all aspects, this

Patna High Court CR. MISC. No.356 of 2025(2) dt.18-01-2025 3/3 Court is not inclined to enlarge the petitioner on anticipatory bail.

7. Accordingly, the anticipatory bail application of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Sunnykr/- U