Parwej Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1955 of 2015 Arising Out of PS.Case No. -31 Year- 2014 Thana -BARIYARPUR District- MUNGER ======================================================
1. Parwej Alam Son of Abdul Haque resident of Village : Barden, P.S. : Mufassil, District : Munger.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Jha For the Opposite Party/s : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is in custody in Bariarpur P.S.Case No. 31/2014, registered under Sections 25(1-a)a, 25(1-b)b, 25 (1-c)a, 26(I)(II)(III), 35 of Arms Act pending in the Court of learned Adhoc Additional Sessions Judge-III, Munger. The prosecution case in, brief, is that the informant, Officer Incharge of Bariarpur Police Station on getting information proceeded for conducting raid at village Nirpur Panchayat and on seeing the raiding party the miscreants started to flee away but after chase three miscreants were apprehended and other three miscreants were fled away from the place of occurrence. On query from apprehended miscreants, they dislosed their name as Jadruddin s/o Md. Jamma, Parwej Alam s/o Abdul
Patna High Court Cr.Misc. No.1955 of 2015 (5) dt.29-07-2015 2/2 Haque along with Md.Ali s/o Bulshar Alam and the miscreants also disclosed the names of three other miscreants. On search, from the possession of Jaruddin one country made pistol along with Micrimax mobile and drill machine and other manufacturing articles were recovered, from the possession of the petitioner two country made pistols were recovered and from the possession of Parwej Alam and Md. Asim one country made pistol from the both hand was recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 7.3.2014 and charge sheet has been submitted in this case. Further, it is submitted that the petitioner has been falsely implicated in this case due to mistake of fact.
On behalf of the State, it has been submitted that there is direct allegation against the petitioner and other co accused. The bail of other co- accused persons has been rejected vide Cr. Misc. No. 33175 of 2014 and Cr. Misc. No. 33888 of 2014.
Considering the facts aforesaid, I am not inclined to grant bail to the petitioner and the same is rejected. (Sudhir Singh, J) singh/- U T