Hashmat Miyan @ Hasmat Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39506 of 2017 Arising Out of PS.Case No. -121 Year- 2017 Thana -PANCHRUKHI District- SIWAN ====================================================== Hashmat Miyan @ Hasmat Miyan, son of Sahebjan Miyan, resident of village-Falpura, P.S. Pachrukhi, District Siwan. .... .... Petitioner.
Versus
The State of Bihar .... .... Opposite Party. ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Sandesh Roy, Adv. For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Pachrukhi P.S. Case No. 121 of 2017 registered under Sections 420, 467, 468, 471, 413, 414 & 379/34 of the Indian Penal Code.
As per the prosecution case, two motorcycles are said to have been recovered and seized from the house of accused Imtiyaj Alam and four accused persons including the petitioner were arrested in connection with the said occurrence. It is submitted by learned counsel for the petitioner that nothing incriminating article has been recovered from the conscious physical possession of the petitioner rather the stolen motorcycles were recovered from the house of Imtiyaj Alam. There is nothing in the case diary indicating the complicity of the
Patna High Court Cr.Misc. No.39506 of 2017 (02) dt.19-08-2017 -2petitioner in the occurrence barring the confessional statement of accused Imtiyaj Alam in which he has stated that Sunil Paswan had stolen one of the motorcycle & had sold it one Rinku with the help of the petitioner and he has purchased the same from Rinku. The petitioner has no criminal antecedent. He has been languishing in custody since 14.06.2017.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VI, Siwan in connection with Pachrukhi P.S. Case No.121 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T