Md. Aziz Khan @ Md. Aziz @ Ghottan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1196 of 2017 Arising Out of PS.Case No. -554 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Md. Aziz Khan @ Md. Aziz @ Gholtan, son of Md. Azim, resident of village/mohalla- Barahpura, P.S.-Ishakchak, District-Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Saghir Ahmad, Advocate For the Opposite Party/s : Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 13-01-2017 Learned counsel for the petitioner is permitted to make necessary correction in the name of the petitioner. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Kotwali (Tilkamanjhi) P.S. Case No.554 of 2014 instituted for the offence under Section(s) 379, 411 Indian Penal Code.

It is alleged in the written report that the motorcycle of the informant was stolen by some unknown thieves while he had gone to withdraw money from the UCO Bank after parking his motorcycle outside the Bank.

It has been submitted that the petitioner is not named in the written report and the petitioner has been remanded in this case from Ishakchak P.S. Case No.89 of 2014 registered on

Patna High Court Cr.Misc. No.1196 of 2017 (2) dt.13-01-2017 2/2 15.08.2014 for the offence under Section 414/34 Indian Penal Code. The petitioner has already been granted bail in the aforesaid case by a co-ordinate Bench of this Court vide order dated 07.01.2015 passed in Cr. Misc. No.288 of 2015. In the present case, from the impugned order it appears that the Sessions Judge has stated in the impugned order that the petitioner has given confessional statement before the police in which he admitted his involvement in the theft of several motorcycles. Besides this, this Court does not find any other material against the petitioner as mentioned in the order-sheet of the learned Sessions Judge. The petitioner is in custody since 13.07.2016.

In the circumstances, let the Petitioner, above named, be released on bail on furnishing bail bond of `10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali (Tilkamanjhi) P.S. Case No.554 of 2014, subject to the conditions that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) JA/- U T