Dismissed

Parwez v. The State Of Bihar

Patna HC25 Jan 2019CR. MISC./79167/2018

Case brief

AI extract

What is this about?

The Patna High Court rejected the petitioner's application for anticipatory bail in a snatching case. The court held that no arrest was currently apprehended as the petitioner was at large, noting that the charges shifted if he were tried for possession of the mobile found with an accomplice.

What did the court decide?

Application for anticipatory bail was rejected; regular bail may be considered if petitioner surrenders.

Parwez Vs The State Of Bihar — Cheating and Forgery | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.79167 of 2018

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Arising Out of PS. Case No.-96 Year-2018 Thana- ABADPUR District- Katihar

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======================================================

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Parwez S/O Rajiuddin @ Machara Residents of Village- Bhawanipur, P.S.Abadpur, District- Katihar

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sharda Nand Mishra For the Opposite Party/s : Mr.Sri Aditya Narayan Singh 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 25-01-2019 Heard both sides.

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The petitioner apprehends his arrest in Abadpur P.S. case No. 96 of 2018 registered under Section 379/411 of the Indian Penal Code.

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The informant alleged that while he was returning after dropping Babul Garage Baka in his house four persons on two bikes came and snatched mobile from his possession. On alarm the villagers caught two persons, Samimullah and Md. Rakesh Alam who disclosed the name of Mister and Parwej, the petitioner, as the persons who managed to flee away.

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The learned counsel for the petitioner submits that one mobile was snatched which was recovered from the possession of Md. Rakesh Alam. There is no allegation against the petitioner. Md. Rakesh Alam disclosed the name of

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Patna High Court Cr.Misc. No.79167 of 2018(2) dt.25-01-2019 2/2

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petitioner but it appears that while Md. Rakesh Alam and others fleeing away, he and Shamimullah were apprehended by the villagers and from the possession of Md. Rakesh Alam snatched mobile was recovered. Md. Rakesh Alam on the spot disclosed the name of petitioner.

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Considering the facts aforesaid and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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If the petitioner surrenders the learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced from the order of this court.

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(Prabhat Kumar Jha, J)

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BKS/-

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U T

Parwez v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Parwez v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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