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Patna High CourtCR. MISC./27848/2020bail granted

Salman @ Md. Suleman @ Gokar v. The State Of Bihar

2020-11-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27848 of 2020 Arising Out of PS. Case No.-340 Year-2019 Thana- BAHADURGANJ District- Kishanganj ====================================================== SALMAN @ MD. SULEMAN @ GOKAR Son of Late Md Haseeb Step Father Md Olie @ Polia @ Parwez Alam Resident of Village- Panibagh, P.S. and District- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr. Ajay Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-11-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bahadurganj P.S. Case No. 340 of 2019 for the offence registered under Section 394 of the Indian Penal Code. The case of the prosecution in brief is that four motorcycle borne miscreants had fired gun shots on the driver of the pick-up motor vehicle in question and the said miscreants had also tried to stop the said vehicle, however, the driver of the said vehicle had managed to ward them of.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is in custody since 23.01.2020. It is further

Patna High Court CR. MISC. No.27848 of 2020(2) dt.04-11-2020 2/2 submitted that though the petitioner is in custody since 23.01.2020 but no T.I. Parade has been held so as to connect the petitioner with the alleged crime. Lastly, it is submitted that the petitioner is not named in the F.I.R.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that no T.I. Parade has been held so as to connect the petitioner with the alleged crime and moreover the petitioner is languishing in custody since 23.01.2020, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to 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 learned Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. Case No. 340 of 2019. (Mohit Kumar Shah, J) S.Sb/- U T