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Patna High CourtCR. MISC./28257/2025bail granted

Md. Salauddin v. The State Of Bihar

2025-08-07Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28257 of 2025 Arising Out of PS. Case No.-365 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== Md. Salauddin S/o- Late Md. Makbul @ Maqbul Village- Ujani, PsNaugachia, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Naugachia P.S. Case No. 365 of 2022 dated 25.11.2022 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal Code.

3. As per the prosecution case, the informant's father and uncle went to the house of Md. Zawed for discussion about the last evening incident. Thereafter, the co-accused, Md. Zawed become aggressive and started abusing them. On hearing noise, the petitioner gave order to kill the uncle and the father of the informant then the petitioner and the other co-accused persons

Patna High Court CR. MISC. No.28257 of 2025(3) dt.07-08-2025 2/3 holding lathi, danda and iron rod assaulted the father of the informant causing injury on his chest and back. The father of the informant died due to assault.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is case and counter-case between the parties. There is general and omnibus allegation against the petitioner. It is further submitted that as per the injury report of Md. Jahir, the injury is stated to be simple in nature caused by hard and blunt substance. The charge-sheet has been submitted against the petitioner. The petitioner has three criminal antecedents as stated at para 3 of the bail petition. The petitioner is in custody since 05.02.2025. The co-accused persons have already been granted regular bail by the Co-ordinate Bench of this Court vide order dated 24.07.2023 passed in Cr. Misc. No. 29360 of 2023.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that earlier the anticipatory bail petition of the petitioner and the other coaccused persons have been rejected by this Court vide order dated 06.12.2024 passed in Cr. Misc. No. 61147 of 2024.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.28257 of 2025(3) dt.07-08-2025 3/3 named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Naugachia, Bhagalpur in connection with Naugachia P.S. Case No. 365 of 2022, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T