Parwej Ansari @ Parvej Ansari @ Parvej Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51719 of 2024 Arising Out of PS. Case No.-182 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== Parwej Ansari @ Parvej Ansari @ Parvej Alam S/o- Ali Asagar @ Asagar Village- Kanthi Bathua, P.S.- Phulwariya, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Phulwariya P.S. Case No. 182/2023 registered for the offence punishable under Sections 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. The following order was passed in Cr. Misc. No. 66675 of 2023 on 06.12.2023:- "Heard learned counsel for the petitioner and Mr. Madhuri Lata, learned APP for the State.

2. The petitioner seeks bail in connection with Phulwaria (Sripur O.P.) P.S. Case No. 182 of 2023 registered for the offence punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, one

Patna High Court CR. MISC. No.51719 of 2024(5) dt.29-01-2025 2/3 Naushad Alam was having an affair with the wife of the deceased and the petitioner arranged for a hired criminal for killing the deceased.

4. Considering the aforesaid, I am not inclined to grant bail to the petitioner.

5. Accordingly, the application stands dismissed."

4. It has been submitted by Mr. Sanjay Kumar, learned counsel for the petitioner that the petitioner is in custody since 26.05.2023 and the charge has been framed in the trial on 24.01.2024 and from the report dated 08.08.2024, it appears that no witness has appeared to deposed in this case. The petitioner claims to have clean antecedent.

5. Considering the period of custody and the fact that the trail of the petitioner is not proceeding as the prosecution is not co-operating in the trial, this application is allowed, subject to the conditions that:

(i). both the bailors shall be close blood relatives of the petitioner.

(ii). the petitioner will co-operate in the trial. He will appear personally or through his Advocate in the trial on the date fixed.

(iii) the petitioner is directed to mark his attendance in Phulwariya police station on every Sunday of the month. Failure to do so, will result in cancellation of bail bond of the petitioner.

Patna High Court CR. MISC. No.51719 of 2024(5) dt.29-01-2025 3/3

6. Let 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 Additional Sessions Judge-XVI, Gopalganj/concerned court in connection with Phulwariya P.S. Case No. 182/2023. (Sandeep Kumar, J) Saif/- U T