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Patna High CourtCR. MISC./1531/2020bail granted

Md. Parvej @ Parvej v. The State Of Bihar

2020-02-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 1531 of 2020 Arising Out of PS. Case No.-190 Year-2019 Thana- TATARPUR District- Bhagalpur ====================================================== Md. Parvej @ Parvej aged about 34 years Male, Son of Late Kamruddin Resident of Village - Sahvaj Nagar, P.S.- Mojahidpur, Distt - Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

26-02-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Tatarpur P.S. Case No. 190 of 2019 registered for the offence under Sections 147, 149, 353, 332, 504, 188 of the Indian Penal Code. The prosecution case is that this petitioner alongwith other named accused persons and 100-150 unknown persons were raising hulla, slogan and blocking the road. In the F.I.R., seven persons were named, including the petitioner, who were identified.

It is submitted on behalf of petitioner that there is no specific overt act attributed against the petitioner. Petitioner has got no criminal antecedent. It is further submitted that similarly situated co-accused namely Md. Hasan Chaiwala @ Hasan has already been granted anticipatory bail by this Court, vide order

Patna High Court CR. MISC. No.1531 of 2020(2) dt.26-02-2020 2/2 dated 18-10-2019 passed in Cr.Misc. No. 64100 of 2019 (Annexure 2 to the petition).

Considering the aforesaid facts and circumstances as well as the fact that similarly situated co-accused has been granted bail, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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. 7th Bhagalpur in connection with Tatarpur P.S. Case No. 190 of 2019 on the following conditions:

"(1) Petitioner shall cooperate 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 absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(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.) anay U T