Karu Mian @ Mustafa Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48942 of 2017 Arising Out of PS.Case No. -23 Year- 2014 Thana -SIMULTALA District- JAMUI ====================================================== Karu Mian @ Mustafa Mian, Son of Sultan Mian, Resident of Village - Dhodhari, P.S. Simultalla, District - Jamui.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-11-2017 The petitioner seeks regular bail in connection with Simultalla P.S. Case No. 23 of 2014, registered for offences punishable under Section 379/ 511 of the Indian Penal Code and Section 15(2), 15(4) PMP (Amendment ) Act and Section 3/4 of Prevention of Damage to Properties Act.
Allegation against the petitioner is of committing theft of petrol illegally from the pipeline.
It has been submitted on behalf of the petitioner that petitioner's name has surfaced in this case only on the basis of confessional statement of co-accused and except that there is nothing against him. It has further been submitted that other accused persons have already been granted bail, which will appear from annexure - 2 of this petition. Further petitioner has been in custody for more than three months.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let
Patna High Court Cr.Misc. No.48942 of 2017 (4) dt.10-11-2017 2/2 the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -1, Jamui, in connection with Simultalla P.S. Case No. 23 of 2014, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) sunil/- U T