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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19730 of 2020 Arising Out of PS. Case No.-151 Year-2013 Thana- MUNGER MUFFASIL District- Munger ====================================================== MD. PARVEJ ALAM @ MD. HERO @ HERO Son of Neyaz Resident of Village - Bakarpur, P.S.- Muffasil, Distt - Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Najmul Hodda For the Opposite Party/s :

Mr. Nityanand Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 342, 307, 302, 114, 504 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, in short, is that while the

Patna High Court CR. MISC. No.19730 of 2020(2) dt.19-08-2020 2/3 informant along with his brother was ploughing in the field, the accused, variously armed, came and started firing where the informant and his brother started fleeing away and on the way, the accused persons fired at his brother due to which he died. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. After investigation, final form was submitted against the petitioner. The said final form was accepted by the Court below. The petitioner is an employee of Para Military Force. During the trial, the name of the petitioner has transpired and summons has been issued under Section 319 of the Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, in the event of arrest or surrender before the learned Court below within a period of eight weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Sessions Judge, Munger in connection with Sessions

Patna High Court CR. MISC. No.19730 of 2020(2) dt.19-08-2020 3/3 Trial No. 775/2013 (arising out of Muffasil P.S. Case No. 151/2013), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T