Parwej Usman @ Md. Parwej @ Parwej Usmani @ Md. Parwej Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17205 of 2016 Arising Out of PS.Case No. -91 Year- 2015 Thana -HATHUA District- GOPALGANJ ====================================================== Parwej Usman @ Md. Parwej @ Parwej Usmani @ Md. Parwej Alam Son of Md. Mustaf, Resident of Village Hathua Dakshin tola, P.s Hathua District Gopalganj.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Arun Kr.Singh 5(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking bail in connection with Hathua P.S. Case No. 91 of 2015 registered for offence under section 379 of the Indian Penal Code.
The informant had kept his motor cycle standing. When he has returned after watching cricket match, he found his motor cycle was not available.
During investigation, the name of the petitioner has surfaced on the confessional statement of co-accused. The counsel for the petitioner submits that nothing incriminating material has been found from the possession of the petitioner, save and except, confessional statement of the co-accused person.
Patna High Court Cr.Misc. No.17205 of 2016 (3) dt.02-05-2016 2/2 The petitioner has one more criminal history. Looking to the facts and circumstances of the case, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Abhishek Kunal, Judicial Magistrate 1st class, Gopalganj in connection with Hathua P.S. Case No.
91 of 2015, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner would report to the nearest police station by 7th of every month, at least for six months. In case of failure on two consecutive dates without any rhyme or reason, the bail granted will be treated to have been cancelled.