Parwez Ahmad @ Parwez Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18141 of 2022 Arising Out of PS. Case No.-167 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== PARWEZ AHMAD @ PARWEZ ALAM S/o Reyaz Ahmad R/o village - Agarpur, Ward No. 10, Masjid chowk, P.S. - Lalganj, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Harun Quareshi For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 188 of the Indian Penal Code, Section 7 of the E.C. Act, Section 3 of Oxygen Cylinder Rule, 2016, Section 9 (b) of the Explosive Substance Act and Section 3 of the Epidemic Act. The accusation against the petitioner is that he had illegally hoarded oxygen cylinders and was involved in the

Patna High Court CR. MISC. No.18141 of 2022(2) dt.18-08-2022 2/2 black marketing of the same.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to political rivalry and village politics. No body has supported the prosecution case. As a matter of fact, the aforesaid cylinders were purchased by the petitioner and in support thereof he has annexed the receipt as Annexure-2 to this application. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Lalganj P.S. Case No. 167 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.