Md. Salaudin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9682 of 2016 Arising Out of PS.Case No. -266 Year- 2015 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Md. Salaudin, S/o Yakub Mian, Resident of Village Patilar Mauza Tola, P.S. Chautarwa, Dist West Champaran. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Anand Kishore Choudhary, Advocate For the Opposite Parts : Mr. B.N. Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.
The petitioner seeks bail in connection with Chautarwa P.S Case No. 266 of 2015 registered for the offence punishable under Section 302 of the Indian Penal Code. Allegedly, Baksullah Mian was stabbed and the miscreants after assaulting the wife of deceased with feet fled away and when the deceased was being brought for treatment, he died in the way. During investigation the name of the petitioner transpires that before death, the deceased has taken the name of the petitioner.
Submission is of false implication and that only due to previous enmity petitioner has been implicated later on after developing the prosecution story which is not reliable, the statement of the informant has been recorded under Section 164 of the Cr.P.C. wherein he has stated that due to earlier dispute he has
Patna High Court Cr.Misc. No.9682 of 2016 (3) dt.11-04-2016 2/2 stated that Salaudin killed his son and as such, the petitioner who is suffering in custody since 07.10.2015 deserves sympathetic consideration, to which the learned APP opposes by submitting that the informant in his further statement, the wife of the deceased and other witnesses during investigation in their statement stated that the deceased before death has taken the name of the petitioner.
In the facts and circumstances stated above, considering that petitioner is not named in the First Information Report, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and as such, petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned A.C.J.M., Bagaha, West Champaran arising out of Chautarwa P.S. Case No. 266 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T