Parwez Alam @ Md. Prawez Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32532 of 2020 Arising Out of PS. Case No.-91 Year-2020 Thana- KADWA District- Katihar ====================================================== PARWEZ ALAM @ MD. PRAWEZ ALAM S/o Anwarul Hak Resident of Gobrahi Diyara, P.S.- Kursela, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2020 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 restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 392 of the Indian Penal Code. Prosecution allegation, in short, is that accused persons looted cash amount of Rs. 145000/- from the informant. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.32532 of 2020(2) dt.11-12-2020 2/2 the petitioner is in custody since 27.5.2020 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of his self-confession made before the police under section 161 of the Cr.P.C.. Rs. 8,000/- along with one mobile phone is said to have been recovered. The recovered articles have not been put on T.I.P. to ascertain whether the articles are looted or not. The petitioner has not been put on T.I.P. to ascertain his participation in the present case. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on 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, Katihar in connection with Kadwa P.S. Case No. 91 of 2020.

(Sudhir Singh, J) Pankaj/- U T