Md. Fateh @ Istiyak @ Md. Ishtiyaque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51043 of 2024 Arising Out of PS. Case No.-230 Year-2023 Thana- PRANPUR District- Katihar ====================================================== Md. Fateh @ Istiyak @ Md. Ishtiyaque Son of Md. Rasul R/O- Joniya, P.S.- Pranpur, Distt.- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. In this case, the petitioner is seeking regular bail in connection with Pranpur P.S. Case No. 230 of 2023, registered for the offences punishable under Sections 379 of the Indian Penal Code.
3. As per allegation, in the night of 06.12.2023, the informant parked his motorcycle at verandah, on next morning he found that his motorcycle as described in the FIR was missing.
4. Learned counsel for the petitioner has submitted that nothing was recovered from the possession of the petitioner and his name has figured in confessional statement of co-accused. He is under custody since 09.12.2023. Except the criminal antecedent, there is nothing against the petitioner at all which shows the complicity of the petitioner in the present case.
Patna High Court CR. MISC. No.51043 of 2024(2) dt.26-07-2024 2/2
5. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in connection with Pranpur P.S. Case No. 230 of 2023, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
(Nawneet Kumar Pandey, J) SONALI/- U T