Faizal Khan S/O Mohd. Anwar vs. State Of Rajasthan
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The petitioner, Faizal Khan, filed a bail application under Section 482 BNSS in connection with FIR No. 10/2026 registered at Police Station Jhanpada, District Dausa, for an offense under Section 136 of the Electricity Act, 2003. The petitioner claimed false implication, stating he was not named in the FIR and had not received notice under Section 41A of the Cr.P.C. He relied on a Patna High Court judgment and GST documents. The State, through the Public Prosecutor, opposed the bail, submitting that the investigation was ongoing and approximately 1585 kgs of stolen aluminum wire out of a total of 13,455 kgs were recovered from the petitioner's workplace.
Held
The Court considered the arguments advanced by both parties. It noted that approximately 1585 kgs of stolen aluminum wire, out of a total of 13,455 kgs, were recovered from the applicant's workplace. The Court also acknowledged that the investigation was still ongoing. After considering the overall facts and circumstances of the case and the material on record, but without commenting on the merits or demerits of the case, the Court was not inclined to allow the bail application. Consequently, the anticipatory bail application filed under Section 482 of the BNSS was dismissed.
Key Issues
1. Whether the petitioner is entitled to anticipatory bail, considering the alleged recovery of stolen goods from his premises and the ongoing investigation (Section 482 BNSS, Section 41A Cr.P.C.). Petitioner's Arguments: The petitioner contended that he was falsely implicated, not named in the FIR, and had not been issued a notice under Section 41A of the Cr.P.C. He cited the Patna High Court's decision in Navneet Kumar Singh v. The State of Bihar and presented GST Registration Certificate and other invoices as supporting evidence. Respondent's (State) Arguments: The State argued that the investigation was still in progress. They highlighted the prima facie recovery of approximately 1585 kgs of stolen aluminum wire from the petitioner's workplace, out of a total of 13,455 kgs of stolen wire.
Sections Cited
Section 482, Section 41A, Section 136
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Cause title — parties, addresses and appearances
Order 27/03/2026
The present bail application has been filed under Section 482 BNSS in connection with FIR No. 10/2026 registered at Police Station Jhanpada District Dausa for the offence(s) under Sections 136 of Electricity Act, 2003. 2. Learned counsel for the accused-applicant submits that the applicant has falsely been implicated in the present matter. It is submitted that the applicant is not even named in the FIR. It is further submitted that no notice as required under Section 41A of the Cr.P.C is given by the police to the applicant till date. Reliance in regard of the aforesaid is placed upon the ratio spelled out by the Patna High Court in Navneet Kumar Singh v. The State of Bihar arising out of Criminal Miscellaneous No. 38822 of 2025 and upon the GST Registration Certificate and other invoices.
[2026:RJ-JP:12870] (2 of 2) [CRLMB-2838/2026]
Per contra, learned Public Prosecutor has vehemently opposed the bail application and has submitted that the investigation is still ongoing in the present matter. It is further submitted that prima facie approximately 1585 kgs of aluminum wire from the total of 13,455 kgs stolen wire is recovered from the workplace of the accused-applicant.
Having heard the arguments advanced by the learned counsel for the parties and considering the fact that prima facie approximately 1585 kgs of aluminum wire from the total of 13455 kgs stolen wire is recovered from the workplace of the applicant; that the investigation is still ongoing in the present matter, and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is not inclined to allow the bail application of the accused-applicant.
Accordingly, the present anticipatory bail application filed under Section 482 of the BNSS stands dismissed. (SAMEER JAIN),J Pooja /28
Reproduced from the public record of the Rajasthan High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.