Parwej Aalam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67450 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Parwej Aalam Son of Ahmad Hussain Resident of Mohalla- Dudh Katora, Ara, PS- Ara Nawada, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raju Singh For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-10-2024
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Ara Nawada P.S. Case No. 97 of 2024 dated 06.02.2024 registered under Sections 420, 379, 204, 120B / 34 of the I.P.C.
3. As per the F.I.R. lodged by the Sub Registrar on 02.02.2024 one Chandan Kumar filed an inspection slip for inspection of the documents of the year 1932 having document no. 2346, cover no. 35, page nos. 252-254 in the District Registration Office having Inspection Slip No. 1827 & 1828. On the basis of inspection slip Data Entry Operator- Nirdosh Kumar Sinha started searching the pages from the cover but it was found that page nos. 251 - 254 of the register was missing. On 05.02.2024 the file / register was kept in almirah. It has further been alleged that when the informant was sitting on his table
Patna High Court CR. MISC. No.67450 of 2024(2) dt.24-10-2024 2/3 one person namely Rohit Kumar Singh came with search register and put it on the table of the informant. The informant found that the search register was of the year 2021. The informant was surprised to see that search register and upon query the Book Binder -Parwej Alam i.e. petitioner told that Rohit Kumar Singh had asked of the register in question and he gave it to Rohit Kumar Singh, who had kept it on the table. The page no. 224 of the said register was also missing. The searcherBablu Kumar told that Rohit Kumar Singh had torn the concerned pages because he had asked for the same pages and the pages were shown to be of Rohit Kumar. Bablu Kumar is the friend of Rohit Kumar Singh and Bablu Kumar had taken certified copy of the page nos. 251-254 in the year 2021 in his name.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case at the behest of the searcher- Bablu Kumar, who had taken certified copy of the concerned pages in 2021 by filing his own requisition. The petitioner is not a searcher and the only allegation against him is that he handed over the search register on the date of occurrence to Rohit Kumar Singh as per his demand. The pages which have been found missing were taken by way of certified copy in the
Patna High Court CR. MISC. No.67450 of 2024(2) dt.24-10-2024 3/3 year 2021 by the co-accused / Bablu Kumar, who is a searcher.
5. Regard being had to the submission made by the parties, taking into consideration the fact that petitioner is not a searcher and he is a book binder and the only allegation is that he has kept the search register upon the table of the informant, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Bhojpur, Ara in connection with Ara Nawada P.S. Case No. 97 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T