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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52201 of 2023 Arising Out of PS. Case No.-159 Year-2022 Thana- SIKTI District- Araria ====================================================== MD. PARWEJ @ PARVEJ ALAM S/O HASHIM R/O VILLAGE- SINGHIA PUNCHAYAT PARARIA SINGHIA, WARD NO. 03, P.S- SIKTI, DISTT.- ARARIA.

... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mrs. Renu Kumari , Addl. Public Prosecutor For the Informant :

Nafisuzzoha, Advocate Mazher Alam , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.

3. As per FIR, informant suspects that the persons namely , Afsar Shawaz, Hasim and Pappu Yadav in order to grab the land of the informant have killed the daughter of the informant.

Patna High Court CR. MISC. No.52201 of 2023(3) dt.08-11-2023 2/3

4. It is submitted on behalf of the petitioner that petitioner is not named in the FIR and his name transpired during investigation only on the basis of confessional statement of the co-accused Aarif. Informant has not suspected or even whispered about this petitioner in FIR. Except confessional statement there is no direct or indirect evidence to show the complicity in the case against the petitioner. Petitioner claims clean antecedent.

5. Learned counsel for the State and informant opposes the bail petition of the petitioner and submitted that mobile location of the petitioner was found near the place of occurrence .

6. Considering the rival submissions of the parties and also the fact that the mobile location of the petitioner was found near the place of occurrence cannot be a ground to refuse the anticipatory bail of the petitioner, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged 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 Sub Divisional Judicial Magistrate , Araria in connection with Sikti P.S. case No. 159 of 2022 , subject to the conditions laid down under section

Patna High Court CR. MISC. No.52201 of 2023(3) dt.08-11-2023 3/3 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Koushik/- U T