Md. Islam @ Md. Parvej Islam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66600 of 2021 Arising Out of PS. Case No.-225 Year-2020 Thana- GORAUL District- Vaishali ====================================================== MD. ISLAM @ MD. PARVEJ ISLAM SON OF LATE MD. ASHIQUE ALI RESIDENT OF VILLAGE - KOWRA MAIDAN PS - KASIM BAZAR DIST- MUNGER ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Harun Quareshi For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-03-2025 Heard learned counsel for the petitioner and learned counsel for the State Shri Jharkhandi Upadhyay.

2. This application has been filed on behalf of the petitioner for quashing the order dated 9.10.2021 passed by the Court of Additional District and Session Judge IX, Hajipur, Vaishali in S.T. No. 99 of 2021 arising out of Goraul (Katahara O.P.) P.S. Case No. 225 of 2020.

3. As per the prosecution case, the petitioner is alleged to be involved in the sale and purchase of illegal arms.

4. It has been submitted by the learned counsel for the petitioner that the name of the petitioner has come in the confessional statement of other co-accused namely Md. Laddan from whom the recovery was made and he submits that the

Patna High Court CR. MISC. No.66600 of 2021(3) dt.27-03-2025 2/2 petitioner may not prosecuted merely because he is named in the confessional statement of the co-accused.

5. In the opinion of this Court, charges can be framed even if there is strong suspicion and I find enough materials for framing of charge against the petitioner and he cannot be discharged only on the basis of the fact that his name has come in the confessional statement of the other co-accused.

6. Accordingly, this application is dismissed. (Sandeep Kumar, J) Vikas/- U