Parwez Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35256 of 2019 Arising Out of PS. Case No.-282 Year-2017 Thana- MIRGANJ District- Gopalganj ====================================================== PARWEZ ALAM S/O Ramjan Alam @ Ramjan Shah Resident of VillageMadhwa Lal Mathia, P.S.- Hathua, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Mirganj P.S. Case No. 282/2017, instituted for offences under Sections 399/402 and 414 of the Indian Penal Code read with Sections 25(1-B)a, 26 and 35 of Arms Act.

Earlier prayer for bail of petitioner was rejected by a Co-ordinate Bench of this Court vide order dated 12.04.2018 passed in Cr. Misc. No. 21403/2018 with liberty to renew prayer for bail in the event trial is not concluded within a year. It is alleged in the written report that one country made pistol, two live cartridges and one stolen motorcycle have been recovered from possession of petitioner. Report from the court below regarding stage of trial

Patna High Court CR. MISC. No.35256 of 2019(4) dt.31-07-2019 2/3 has been received from which it appears that only one witness has been examined in this case till date.

Petitioner is in custody since 05.11.2017.

Keeping in view the period of custody spent by petitioner and only one witness has been examined till date, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 learned Chief Judicial Magistrate, Gopalganj, in connection with Mirganj P.S. Case No. 282/2017, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail

Patna High Court CR. MISC. No.35256 of 2019(4) dt.31-07-2019 3/3 bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T