Md. Parwez Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18340 of 2022 Arising Out of PS. Case No.-821 Year-2020 Thana- SUPAUL District- Supaul ====================================================== Md. Parwez Alam Son Of Moti Alam Khan R/O Village- Nawhatta Mohanpur, P.S.- Nawhatta, District- Saharsa ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Prafull Chandra Thakur, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APp ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-05-2022 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Supaul P.S. Case No. 821 of 2020 registered for the offence under Sections 341, 323, 353, 504/34 of the Indian Penal Code.

Prosecution case, in short is that the informant who is Police Sub Inspector along with other police personnel proceeded to arrest an accused, namely Munna Khan in connection with another case. The informant arrested the said Munna Khan and proceeded towards the police station. The accused persons are alleged to have made protest against the police for the arrest of Munna Khan. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The petitioner is alleged to have made protest against

Patna High Court CR. MISC. No.18340 of 2022(2) dt.06-05-2022 2/2 the arrest of one Munna Khan by the police. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. The allegation of protest is denied by the petitioner. In fact, the petitioner protested against the misdeeds of police and for this reason, he has been made accused in this case. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 821 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T