Md. Parwej @ Md. Parwej Alam @ Parwej vs The State Of Bihar on 29 June, 2021

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Patna High Court - Orders

Md. Parwej @ Md. Parwej Alam @ Parwej vs The State Of Bihar on 29 June, 2021

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12321 of 2021
                       Arising Out of PS. Case No.-196 Year-2019 Thana- SAKRI District- Madhubani
                 ======================================================
                 MD. PARWEJ @ MD. PARWEJ ALAM @ PARWEJ SON OF LATE SABIR
                 ALAM R/O VILLAGE- DEWARA BANDHAULI, P.S.- JALE, DISTRICT-
                 DARBHANGA.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shiva Shankar Sharma
                 For the Opposite Party/s :        Mr.A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   29-06-2021

This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case registered for the offence punishable under sections 392 and 302 of the Indian Penal Code as well as sections 25(I-b)a, 27 of the Arms Act.

As per prosecution case, while son of the informant was going to bank on his motorcycle for depositing money, three unknown miscreants riding on motorcycle stopped him and shot at his chest and snatched a bag containing 6 lakh from his possession. Later on, he succumbed to injury.

Petitioner is not named in the FIR and name of the Patna High Court CR. MISC. No.12321 of 2021(2) dt.29-06-2021 2/3 petitioner came on the basis of confessional statement of co- accused. Only material that has come during course of investigation is the CDR of mobile of the petitioner, on the basis of which it is alleged that this petitioner had conversation with other accused persons at the time of occurrence. Moreover, similarly situated accused persons Rakesh Kumar Sah and Manoj Kumar Das have already been granted bail by this Hon'ble court. Petitioner has not been put on TI Parade till date and is in custody since 10.01.2020. Investigation is complete.

Considering the period of custody coupled with the fact that similarly situated accused persons have already been granted bail by this court, this bail application is allowed. Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in Sakri P.S. Case no. 196/2019 on the following conditions.

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below. Patna High Court CR. MISC. No.12321 of 2021(2) dt.29-06-2021 3/3 (2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) s.hassan/-

U       T

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Patna High Court - Orders