Allowed¶25

Parvez @ Pravez v. The State of Bihar

Patna HC17 Mar 2025CR. MISC./5316/2025

Case brief

AI extract

What is this about?

Patna High Court, Cr. Misc. No.5316 of 2025, order dt. 17-03-2025 by Justice Chandra Prakash Singh: regular bail allowed to Parvez @ Pravez in Kochadhaman P.S. Case No. 38/2022 (Ss.395, 397 IPC — armed robbery/dacoity, Kishanganj); not named in FIR, surfaced via co-accused confessional statements; custody since 08.10.2024; bail-bond Rs.20,000/- with two sureties; attendance condition attached.

What did the court decide?

Regular bail granted; petitioner to be enlarged on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Kishanganj, subject to the condition of personal presence before the Court below on every date, failing which on two consecutive dates without reasonable cause the bail bond is liable to be cancelled. ¶25

Parvez @ Pravez Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, charged in Kochadhaman P.S. Case No. 38/2022 for offences punishable u/s 395 and 397 IPC, should be granted regular bail.

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Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioner is directed to be enlarged on bail on furnishing a bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Kishanganj.

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Ratio / Principle

Bail is subject to the condition that the petitioner remains physically present before the learned Court below on each and every date; failure on two consecutive dates without reasonable cause will render his bail bond liable to cancellation.

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Detailed headnote1 paragraphs

Bail Application — Regular bail granted by Patna High Court (Chandra Prakash Singh, J.) in Kochadhaman P.S. Case No. 38/2022 (Kishanganj), registered u/s 395 and 397 IPC for an armed dacoity/robbery in which cash, silver and gold ornaments were looted. Petitioner was unnamed in the F.I.R., his name having emerged from the confessional statements of co-accused Md. Mustafa and Lal Babu; nothing was recovered from his conscious possession; another co-accused had already been granted bail (Cr. Misc. No. 27049/2022, order dt. 01.09.2022); petitioner had five antecedents and was in custody since 08.10.2024. Enlarged on bail-bond of Rs.20,000/- with two like sureties, conditioned on presence before the Court below on each date, failing which on two consecutive dates without reasonable cause the bail bond is liable to cancellation. Application allowed (dt. 17-03-2025).

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5316 of 2025

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Arising Out of PS. Case No.-38 Year-2022 Thana- KOCHADHAMAN District- Kishanganj

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

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Parvez @ Pravez Son of Younesh @ Yunus Resident of Village- Dalmapur, P.S.- Amaur, District- Purnia

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... ... Petitioner/s

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Versus

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The State of Bihar Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Mritunjay Kumar For the Opposite Party/s : Mr.Gulnar Begum ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 17-03-2025

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Heard learned counsel for the petitioner and learned

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A.P.P for the State.

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2. The petitioner has preferred this application for grant of regular bail in connection with Kochadhaman P.S. Case No. 38/2022 dated 03.02.2022 registered for the offence punishable u/s 395 and 397 of the Indian Penal Code.

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3. As per the prosecution case, 5-6 unknown miscreants armed with pistol, lathi, iron rod, spade, axe and khanti entered the house of the informant and looted cash, silver and gold ornaments on the point of weapons and fled away from there after exploding bomb and firing.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

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Patna High Court CR. MISC. No.5316 of 2025(2) dt.17-03-2025 2/3

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this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused persons, Md. Mustafa and Lal Babu. The other co-accused person has already been granted bail by this court vide order dated 01.09.2022 passed in Cr. Misc. No. 27049/2022. The petitioner has five antecedents and he is on bail in all the aforesaid cases as stated in Supplementary Affidavit. The petitioner is in custody since 08.10.2024.

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

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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, Kishanganj in connection with Kochadhaman P.S. Case No. 38/2022, with the condition ;-

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(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

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Patna High Court CR. MISC. No.5316 of 2025(2) dt.17-03-2025 3/3

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cause, the bail bond of the petitioner is liable to be cancelled.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Parvez @ Pravez v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Parvez @ Pravez v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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