Md. Salman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11703 of 2023 Arising Out of PS. Case No.-252 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== MD. SALMAN S/O MD. JAFAR R/v- Lakhsminiyan, P.S.- Balia, DistrictBegusarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar For the Opposite Party/s :
Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 364/34, 120(B) of the Indian Penal Code.
The prosecution case, in nutshell, is that FIR named accused persons along with others have abducted the husband of the informant and the informant has apprehension that her husband would be killed by the accused persons. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner is not named in
Patna High Court CR. MISC. No.11703 of 2023(3) dt.07-07-2023 2/3 F.I.R and the name of the petitioner sprang up on the basis of confessional statement of co-accused Nakul Yadav & Gulab Yadav and according to their confession, the only allegation against this petitioner is that he is driver of the said car from which the dead body of the deceased was taken to Ganga river. No consistent material has come against the petitioner during course of investigation. Moreover, similarly situated co-accused namely, Gulab Yadav has already been granted bail by this Court vide order dt. 15.2.2023 passed in Cr. Misc. No. 53344 of 2022. It is further submitted that the petitioner has got no criminal antecedent and languishing in judicial custody since 30.11.2022.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sahebpur Kamal P.S. Case No. 252 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.11703 of 2023(3) dt.07-07-2023 3/3 satisfaction of the learned A.C.J.M., IVth, Begusarai. (Sunil Kumar Panwar, J) Amandeep/- U T