Perwez Chand @ Perwej v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37237 of 2022 Arising Out of PS. Case No.-56 Year-2021 Thana- MUNGER MUFFASIL District- Munger ====================================================== PERWEZ CHAND @ PERWEJ SON OF LATE SAHANGIR @ SAHAGIR R/O VILLAGE/MUHALLA- MIRZAPUR BARDAH, P.S.- MUFFASIL, DISTRICT- MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 420, 467, 468, 471, 489A, 489B, 489C of the Indian Penal Code and 16 of U.A.P. Act and 25(1-A), 25(1-AA), 25(1-B)(a), 26(i) of the Arms Act.

As per the prosecution case, on information the informant being S.H.O. and other police personnel came to the

Patna High Court CR. MISC. No.37237 of 2022(2) dt.28-09-2022 2/3 house of Dhabo and entered his courtyard and found 12 counterfeit currency notes of Rs. 100/-, 5 counterfeit notes of Rs. 200/-, one half manufactured pistol and an iron spring kept in a V.Mart bag were recovered which was on the platform (chabutra). Accordingly, the seizure list was prepared. It also appears that the said seizure articles were kept by someone with a view to falsely implicate Md. Dhabo. The petitioner phoned to Thana by personating himself as Monu.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 22.02.2021. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Munger in connection with Muffasil P.S. Case No.

Patna High Court CR. MISC. No.37237 of 2022(2) dt.28-09-2022 3/3 56 of 2021, with a condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. 2.. If the petitioner is found involved in similar nature of offence in future, his bail bond is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) niku/- U T