Dismissed¶¶19

Akhtar @ Abdullah v. The State of Bihar

Patna HC22 Feb 2024CR. MISC./7224/2024

Case brief

AI extract

What is this about?

Patna High Court; Criminal Miscellaneous No.7224 of 2024; decision date 22-02-2024; Anil Kumar Sinha, J (oral order); anticipatory bail rejected; Jokihat PS Case No. 523 of 2022, District Araria; transformer oil theft from 63 KV Transformer worth Rs. 93,972/-; Sections 379/414/427/34 IPC; criminal antecedents of petitioner no. 1; petitioner no. 2 named in FIR; 30 liters transformer oil recovered; Sessions Judge impugned order.

What did the court decide?

Anticipatory bail is refused because petitioner no. 1 has six antecedents of similar nature of offence, and although petitioner no. 2 has no criminal antecedents, he has specifically been named in the First Information Report. ¶¶18

Akhtar @ Abdullah Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7224 of 2024

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Arising Out of PS. Case No.-523 Year-2022 Thana- JOKIHAT District- Araria

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======================================================

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Akhtar @ Abdullah S/O ANWAR VILLAGE- TURKELI, WARD NO. 11, PS. JOKIHAT, DIST. ARARIA.

¶5

IMTIYAZ @ IMTIYAZ ALAM S/O MD. HASHIM VILLAGEBHAGWANPUR, WARD NO. 4, PS. JOKIHAT, DIST. ARARIA.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr. Gopal Jha For the Opposite Party/s : Mr. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 22-02-2024 1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

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This application, for grant of anticipatory bail, arises out of Jokihat Police Station Case No. 523 of 2022, dated 13.10.2022, disclosing offences under Sections 379/414/427/34 of the Indian Penal Code.

¶13

The prosecution case, as per the First Information Report, is that in the night of 06.10.2022, the petitioner, alongwith other accused persons, have stolen oil from 63 KV Transformer worth Rs. 93,972/-. The Transformer is situated in the village Bhagwanpur, Araria.

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Learned Counsel for the petitioners submits that the

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Patna High Court CR. MISC. No.7224 of 2024(2) dt.22-02-2024 2/2

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petitioners have falsely been implicated in the present case on the basis of mere suspicion and allegation against them is totally false. He next submits that the informant has not disclosed the source of information regarding the involvement of the petitioners in the theft of transformer oil.

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I have heard learned counsel for the parties and have gone through the materials available on record.

¶18

From perusal of the impugned order it appears that 30 liters of transformer oil has been recovered and learned Sessions Judge has observed that theft of transformer oil affects power supply in the locality, which causes problems to the consumers. The petitioners no. 1 is having six antecedent of similar nature of offence and though the petitioner no. 2 is not having criminal antecedent, but he has specifically been named in the First Information Report, accordingly, I am not inclined to grant the petitioners anticipatory bail.

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This application is, accordingly, rejected.

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(Anil Kumar Sinha, J)

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ashwani/-

¶22

U T

Akhtar @ Abdullah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Akhtar @ Abdullah v. The State of Bihar

Case brief

What is this about?

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