Md. Pervej Alam @ Md. Parwez Aalam @ Md. Parwea Alam @ Md. Pravej Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60347 of 2019 Arising Out of PS. Case No.-109 Year-2019 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== MD. PERVEJ ALAM @ MD. PARWEZ AALAM @ MD. PARWEZ ALAM @ MD. PRAVEJ ALAM Son of Late Md. Azimuddin Resident of Village - Sandalpur, P.S.- Sahebpur Kamal, Distt - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 120(B), 467, 468, 471 and 420(B)/34 of the Indian Penal Code, registered in connection with Sahebpur Kamal P.S. Case No. 109 of 2019.
3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute. It is submitted that an identical FIR in connection with Sahebpur Kamal P.S.Case No. 182 of 2018 had been lodged by the informant, in which other accused persons had been granted anticipatory bail while the petitioner, who had been arrested in the meanwhile, was granted regular bail. As such, the present FIR is vexatious and
Patna High Court CR. MISC. No.60347 of 2019(2) dt.25-09-2019 2/3 has been lodged only for the purpose of harassment. Except the aforesaid Sahebpur Kamal P.S. Case No. 182 of 2018, the petitioner claims clean antecedents.
4. Be that as it may, in the event of petitioner's arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P.S.Case No. 109 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of
Patna High Court CR. MISC. No.60347 of 2019(2) dt.25-09-2019 3/3 failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) HR/- U T