← Library
Patna High CourtCR. MISC./75138/2023allowed

Parvez Sah @ Md. Parvej @ Pravesh Sah v. The State Of Bihar

2023-11-30Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75138 of 2023 Arising Out of PS. Case No.-74 Year-2023 Thana- BITHAN District- Samastipur ====================================================== Parvez Sah @ Md. Parvej @ Pravesh Sah Son Of Md. Karamat Sah @ Md. Karamat Resident Of Village - Ujan, P.S. - Bithan, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 323, 324, 341, 342, 307, 379, 504, 506, 34 of the Indian Penal Code.

It is alleged that all the F.I.R named accused persons including the petitioner surrounded the brother of the informant, assaulted with knife and snatched cash of Rs. 5000/-.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.75138 of 2023(2) dt.30-11-2023 2/3 been implicated in this case. There is general and omnibus allegation against the petitioner. There is no eye witness to the occurrence. Prior to the present case, wife of co-accused Md. Javed has filed a complaint against the brother of the informant. Hence, in order to put pressure, this false case has been registered. Moreover, good sense has prevailed between the parties and both sides have compromised the issue. The compromise petition is annexed as Annexure-3 to the petition. The petitioner is languishing in custody since 03.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.75138 of 2023(2) dt.30-11-2023 3/3 each to the satisfaction of learned Judicial Magistrate, 1st Class, Rosera, Samastipur in connection with Bithan P.S. Case No. 74 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T