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Patna High CourtCR. MISC./4186/2017allowed

Md. Pravej @ Md. Parvej Alam v. The State Of Bihar

2017-04-04Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4186 of 2017 Arising Out of PS.Case No. -152 Year- 2016 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Pravej @ Md. Parvej Alam, son of Sagir Akhtar @ Md. Sagir Akhtar, resident of village- Pipra Station, ward No. 5, P.S.- Pipra, DistrictEast Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Gautam, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

This is a petition for grant of regular bail in a case registered for offences punishable under Section 379 of the Indian Penal Code.

Allegation is that the petitioner is an active member of a gang, who indulged in offence of commission of theft of motorcycles and vehicles and to sell and distribute the stolen articles.

It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and nothing incriminating has been recovered from the conscious possession of the petitioner

Patna High Court Cr.Misc. No.4186 of 2017 (3) dt.04-04-2017 2/2 and the name of the petitioner surfaced on the confessional statement of accused, Rakesh Kumar, whose name has not appeared in the F.I.R. and the petitioner is in custody since 03.09.2016.

However, learned A.P.P. for the State opposed the prayer for bail of the petitioner with submission that the petitioner is not named in the F.I.R.

Considering the facts and circumstances, let the above named petitioner, Md. Pravej @ Parvej Alam is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Motihari in connection with Kesariya P.S.Case No. 152 of 2016. (Arvind Srivastava, J) Sudha/- U T