Patna High CourtCR. MISC./41493/2017bail granted

Seikh Iftekhar @ Iftekhar v. The State Of Bihar

2017-09-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41493 of 2017 Arising Out of PS.Case No. -150 Year- 2017 Thana -PIRO District- BHOJPUR ====================================================== Seikh Iftekhar @ Iftekhar, S/o - Alam Khan, Resident of Village - Piro, P.S.- Piro, District - Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar, Advocate For the Opposite Party/s : Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 19-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Piro P.S. Case No. 150 of 2017 registered under Sections 379 and 411 read with 34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that from perusal of the first information report itself, it would transpire that it was one Dhanu Khan @ Lakariyan and Aslam @ Saddam who were involved in theft of battery of the tractor in question. It is further contended that even in their confessional statement recorded by the police, the aforesaid

Patna High Court Cr.Misc. No.41493 of 2017 (2) dt.19-09-2017 Dhanu Khan @ Lakariyan did not name the petitioner as one of the persons involved in the alleged offence and the name of the petitioner has simply been given in the FIR as he had been seen roaming around the place of occurrence till late night. Learned counsel for the State has submitted that apart from the fact that the petitioner is named in the FIR and a suspicion against him has also been raised, there is no other allegation against the petitioner in the FIR. Considering the submission made above, in the event of arrest or surrender in the court below within four weeks from today, the petitioner is directed to be released 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.-I, Bhojpur, Ara in connection with Piro P.S. Case No. 150 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U