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The prosecution case, in short, is that on 01.02.2021, the informant namely Neeraj Kumar who is Chief Manager of Punjab National Bank situated at Raza Bazar, came to know that ATM machine of the said bank situated at AG Colony was Patna High Court CR. MISC. No.70225 of 2021(3) dt.10-05-2022 damaged by three unknown persons.

Learned counsel appearing for the petitioner submits that the petitioner is not named in the FIR. He further submits that the petitioner has falsely been implicated in the present case. He further submits that it appears from the FIR that on the basis of the CCTV footage the name of the petitioner has falsely been implicated in the present case but in fact the petitioner is not seen in the CCTV footage. He further submits that till date no T.I. Parade has been conducted by the prosecution and nothing has been recovered from conscious possession of the petitioner and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 18.08.2021.