Md. Salman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8726 of 2023 Arising Out of PS. Case No.-2 Year-2021 Thana- BELSAND District- Sitamarhi ====================================================== Md. Salman Son Of Md. Wajid @ Md. Wajid Ali R/V Jafarpur, P.S.- Belsand, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, APP For the Informant : Mr. Dinesh Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Petitioner seeks bail who is in custody since 05.01.2021 in connection with S. Tr. No. 146 of 2022 arising out of Belsand P.S. Case No. 02 of 2021, F.I.R. dated 03.01.2021 for the offences punishable under Sections 341, 323, 302, 201, 120B, 504 and 506/34 of the Indian Penal Code. According to prosecution case, this petitioner along with other accused persons under conspiracy took the son of the informant and assaulted him to death.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.8726 of 2023(4) dt.26-06-2023 2/2 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R.
Vide order dated 03.05.2023 a report was called with regard to the present stage of trial. Report of the learned Trial Court dated 10.05.2023 reveals that 9 witnesses have already been examined by the learned Trial Court.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with S. Tr. No. 146 of 2022 arising out of Belsand P.S. Case No. 02 of 2021 pending in the court of learned Additional District Judge-XII, Sitamarhi.
Prayer is refused.
However, the learned Trial Court is directed to expedite and conclude the trial at the earliest. (Rajesh Kumar Verma, J) Vanisha/- U T