Md. Salam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44270 of 2014 Arising Out of PS.Case No. -64 Year- 2012 Thana - Barauni GRP CASE District- BEGUSARAI ====================================================== Md. Salam, Son of Md. Asgar, Resident of village- Barbighi Salehchak, P.S.- Ballia, Distt.- Begusarai .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Dr. Amrendra Kumar, Advocate For the State : None ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 04-02-2015 Heard learned counsel for the petitioner. None appears for the State.

The petitioner seeks bail in a case registered for offences punishable under Sections 328, 307 and 379 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the petitioner is not named in the first information report. He was taken in custody on 5.5.2014 only on the basis of suspicion. It is alleged that the petitioner has given self incriminating confessional statement. It is further submitted that no test identification parade has conducted for identifying the petitioner and there is no recovery from him.

Having regards to the facts and circumstances of the

Patna High Court Cr.Misc. No.44270 of 2014 (2) dt.04-02-2015 2/3 case, the petitioner, namely, Md. Salam is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Awadhesh Kumar, Railway Judicial Magistrate, Barauni in connection with Barauni Rail P.S. Case No. 64 of 2012, subject to the following conditions :- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled That apart, in view of the antecedents of the petitioner, he would be required to appear before the Superintendent of Police, Begusarai within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months.

Patna High Court Cr.Misc. No.44270 of 2014 (2) dt.04-02-2015 3/3 The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police upon his appearance. (Dr. Ravi Ranjan, J) Spd/- U T