Md. Fateh @ Istiyak @ Md. Ishtiyaque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51154 of 2024 Arising Out of PS. Case No.-225 Year-2023 Thana- PRANPUR District- Katihar ====================================================== Md. Fateh @ Istiyak @ Md. Ishtiyaque Son Of Md. Rasul Village- Joniya PsPranpur, Dist- Katihar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party :
Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Pranpur P.S. Case No. 225/2023 dated 02.12.2023 registered for the offence punishable u/s 379 of the Indian Penal Code.
3. As per the prosecution case, unknown miscreants are alleged to have committed theft of the informant's motorcycle.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the
Patna High Court CR. MISC. No.51154 of 2024(2) dt.07-08-2024 2/2 F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused. The petitioner has seven criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 10.01.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Pranpur P.S. Case No. 225/2023, with the condition;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T