Parvej Alam @ Khan @ Md. Parvej Alam v. The State Of Bihar

Patna High Court Cr.Misc. No.31823 of 2015 (2) dt.18-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31823 of 2015 Arising Out of PS.Case No. -328 Year- 1998 Thana -KHAZANIHAT District- PURNIA ====================================================== Parvej Alam @ Khan @ Md. Parvej Alam Son of Md. Ismile of Mahboob Khan Tola, P.S. K. Hat ( Sahayak ), District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s : Mr. Umeshlal Verma(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Suppl. K. Hat P.S. Case No. 328 of 1998 registered for the offences punishable under Sections 147, 148, 149, 160, 307 and 384 of the Indian Penal Code.

Learned counsel for the petitioner submits that informant of this case has roped the petitioner in the present case only because co-accused who allegedly made firing, was arrested from the bus stand and he named this petitioner. It is further submitted that neither there is any allegation of firing against the petitioner nor anyone has received injury on account of the said firing. So far as the petitioner is concerned, his name has come in the confessional statement of coaccused, who has been taken into custody. It is further

Patna High Court Cr.Misc. No.31823 of 2015 (2) dt.18-08-2015 submitted that petitioner has not been sent up for trial but the learned Magistrate disagreeing with the finding of the I.O., has taken cognizance against the petitioner also, leading to summoning of the petitioner. It is further submitted that petitioner has no criminal antecedent and he is residing at Delhi where he is running a business in the name and style as "Dilkash Star Vision & Communications".

Considering the aforesaid submissions, let the petitioner, in the event of his arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 the Chief Judicial Magistrate, Purnea in connection with Suppl. K. Hat P.S. Case No. 328 of 1998. subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. (Anjana Mishra, J) Jagdish/- U T