Patna High CourtCR. MISC./65042/2023bail granted

Parwej Alam v. The State Of Bihar

2023-10-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65042 of 2023 Arising Out of PS. Case No.-292 Year-2023 Thana- BARAULI District- Gopalganj ====================================================== Parwej Alam, Son Of Hazrat Ali, Resident Of Village - Kotwa, P.S. - Barauli, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Barauli P.S. Case No. 292 of 2023 dated 09.07.2023 registered for the offences punishable u/ss 399, 402, 414 read with Section 34 of the Indian Penal Code and u/ss 25(1-b)a, 26 and 35 of the Arms Act as well as u/ss 8, 20(b)(ii)(A) of the N.D.P.S. Act.

3. As per the prosecution case, the petitioner and the co-accused persons were apprehended with a vehicle. On search, 1 Kg of ganja, arms and ammunition, cash, ornaments etc. were recovered from the said vehicle. One country made pistol and a live cartridge were recovered from the possession of

Patna High Court CR. MISC. No.65042 of 2023(2) dt.12-10-2023 2/2 the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner and the petitioner has no concern with the alleged recovery. It is further submitted that the seized contraband is of small quantity. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.07.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Barauli P.S. Case No. 292 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T