Md. Pravej @ Md. Parvej Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3738 of 2017 Arising Out of PS.Case No. -167 Year- 2016 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Pravej @ Md. Parvej Alam, son of Sagir Akhtar @ Md. Sagir Akhtar, resident of village - Pipra Station, ward No. 5, P.S. - Pipra, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Gautam, Adv. For the Opposite Party/s : Mr. Sri Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Kesariya P.S. Case No.167 of 2016 instituted for the offence under Section 379 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the petitioner is not named in the FIR. The name of this petitioner has surfaced in the confessional statement of co-accused Rakesh Kumar.

As per written report, the informant has parked his motorcycle in front of his shop and in the evening he found his motorcycle missing.

Patna High Court Cr.Misc. No.3738 of 2017 (2) dt.09-02-2017 The Sessions Judge has mentioned in the impugned order that one co-accused Rakesh Kumar has taken name of this petitioner in paragraph 40 of the case diary in his confessional statement.

It has been submitted that one of the co-accused Lattu Kumar Yadav and other have been granted bail by a co-ordinate Bench of this Court by order dated 10.01.2017 passed in Cr.Misc.No.283 of 2017. The petitioner is said to be in custody since 03.09.2016.

In the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XI, Motihari in connection with Kesariya P.S. Case No.167 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) Arvind/- U T