Sarwar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8815 of 2021 Arising Out of PS. Case No.-270 Year-2020 Thana- CHHAURADANO District- East Champaran ====================================================== SARWAR ALAM Son of Sheikh Nurulain Resident of Village - Khairwa, P.S.- Chauradano, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-08-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in Chauradano P.S. Case No. 270 of 2020 registered under Section 302 of the Indian Penal Code and 27 of the Arms Act.

Allegedly, the informant's grand daughter was shot dead in her room.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The informant is not an eye witness to the alleged occurrence. He has raised suspicion against his son, who is alleged to be of unsound mind and it has been stated that he has caused death of the grand daughter of the

Patna High Court CR. MISC. No.8815 of 2021(2) dt.27-08-2021 2/2 informant. It is further submitted that as per Section 84 of the Indian Penal Code, no offence could be made out against the petitioner as the informant in the FIR itself has stated that the petitioner is of unsound mind.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Chauradano P.S. Case No. 270 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T