Parwej Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51123 of 2021 Arising Out of PS. Case No.-518 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== 1.

PARWEJ ALAM Son of Najmul Hasan Resident of Village - Sheikh Dhurwa, Police Station - Bettiah Muffasil (Manuapul O.P.), District - West Champaran.

2.

Abrej Alam Son of Najmul Hasan Resident of Village - Sheikh Dhurwa, Police Station - Bettiah Muffasil (Manuapul O.P.), District - West Champaran.

3.

Sheikh Rustom @ Rustam Ali son of Md. Ali Resident of Village - Sheikh Dhurwa, Police Station - Bettiah Muffasil (Manuapul O.P.), District - West Champaran.

4.

Shahbaz @ Chunnu Alam Son of Sheikh Anwarul Resident of Village - Sheikh Dhurwa, Police Station - Bettiah Muffasil (Manuapul O.P.), District - West Champaran.

5.

Firdaus Alam Son of Safiullah Resident of Village - Sheikh Dhurwa, Police Station - Bettiah Muffasil (Manuapul O.P.), District - West Champaran. 6.

Shakeel Miya Son of zahur Mian Resident of Village - Sheikh Dhurwa, Police Station - Bettiah Muffasil (Manuapul O.P.), District - West Champaran.

7.

Khurshed Alam Son of Sheikh Abid Resident of Village - Sheikh Dhurwa, Police Station - Bettiah Muffasil (Manuapul O.P.), District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachida Nand Rai For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-05-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within

Patna High Court CR. MISC. No.51123 of 2021(2) dt.05-05-2022 2/3 undertaken period, the office will place the matter before the Bench.

At the very outset, learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner nos.4, 5 & 6 submitting that during pendency of this application they have been apprehended by the police. Permission is granted.

Accordingly, this application is dismissed as withdrawn in respect of petitioner nos.4, 5 & 6. Now, this application is only with respect to petitioner nos.1, 2, 3 & 7.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 332, 333, 353, 427, 435, 152, 153 A, 295A, 504 & 506 of the Indian Penal Code.

There is composite allegation of assault and to disturb religious and social harmony against the petitioners. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case at the instance of their enemies in collusion with the police. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.51123 of 2021(2) dt.05-05-2022 3/3 physical possession of the petitioners. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Similarly situated co-accused, namely, Manjur Mian has been enlarged on anticipatory bail by this court vide order dated 29.04.2022 passed in Cr. Misc. No. 50169 of 2021. Petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Bettiah Muffasil (Manuapool) P.S. Case No.518 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T