Salman Sajid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17198 of 2023 Arising Out of PS. Case No.-398 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== SALMAN SAJID Son of Jumrati Miya Resident of Village - Bhelwa, P.S.- Madhuban, District - East Champaran (Motihari). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to make necessary correction in para-1 as well as in the prayer portion of the bail petition in course of the day. Petitioner seeks bail, who is in custody since 10.11.2022 in connection with Madhuban P.S. Case No.398/2022, F.I.R. dated 18.09.2022, for the offences punishable under Sections 392 of the IPC.

According to prosecution case, two unknown persons on the point of gun, looted away cash of Rs. 1,56,500/- and some stamps, KYC form and mobile phone from the informant and fled away.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.17198 of 2023(2) dt.18-05-2023 2/3 petitioner has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. The name of the petitioner has been transpired during investigation on the basis of the confessional statement of the co-accused, namely, Sadre Alam. He further submits that nothing has been recovered from conscious possession or the house of the petitioner and till date no T.I.P. has been conducted by the prosecution. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 10.11.2022. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries one criminal antecedent other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari in connection with Madhuban P.S. Case No. 398/2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court

Patna High Court CR. MISC. No.17198 of 2023(2) dt.18-05-2023 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T