Md. Abbas Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1471 of 2024 Arising Out of PS. Case No.-31 Year-2023 Thana- PIPRA District- East Champaran ====================================================== Md. Abbas Hussain, age about 56 years, male, S/o Md. Akhtar Hussain, R/o village-Chhapki, P.O-Sahpur Maricha, P.S-Maniyari, District-Muzaffarpur, Bihar, PIN- 844112 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-01-2024 Heard Mr. Satish Kumar Pandey, learned counsel appearing on behalf of the petitioner and Mr. Parmeshwar Mehta, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Pipra P.S. Case No. 31 of 2023 dated 17.01.2023 registered for the offence(s) punishable under Sections 406, 420, 379, 120B and 34 of the Indian Penal Code.
3. As per the allegation made in the FIR, the petitioner along with other co-accused were involved in illegal trading of gas to be sold in black market from the cylinder of Indian Oil.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and his name has
Patna High Court CR. MISC. No.1471 of 2024(2) dt.31-01-2024 2/3 come in the present case on the basis of confessional statements of co-accused, namely, Arun Kumar Kushwaha and Jitendra Kumar, who were arrested at the spot. It is further submitted that the seized vehicle is not registered in the name of the petitioner and petitioner has also clean antecedent.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail and submitted that the complicity of the petitioner in selling Indian Oil cylinder in black market cannot be ruled out and, as such, the petitioner don't deserve to be released on bail.
6. Having considered the rival submission made on behalf of the parties, as well as, the allegation made in the FIR, and also the fact that name of the petitioner has come in the present case on the basis of confessional statement of coaccused and petitioner has also clean antecedent, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional, Judicial Magistrate, Motihari in connection with Pipra P.S. Case No. 31 of 2023, subject to the conditions as laid down under
Patna High Court CR. MISC. No.1471 of 2024(2) dt.31-01-2024 3/3 Section 438(2) of the Cr.P.C., with a further condition that the petitioner will file an affidavit before the court below that the vehicle in question is not registered in his name, nor he will engage in any crime in future and will not cause any loss to the public by supplying half filled cylinder.
7. In case of failure of petitioner to file the affidavit to the said effect before the court below, this order will automatically lose its force.
8. The court below is also directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, in that event also, this order will automatically lose its force. (Purnendu Singh, J) Sanjay/- U T