Salman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28547 of 2025 Arising Out of PS. Case No.-271 Year-2024 Thana- PATEPUR District- Vaishali ====================================================== Sonu Kumar Sah S/O Om Prakash Sah Resident of Vill.- Raniganj ward No 7, Chakia, Police Station Chakia, Dist.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 29294 of 2025 Arising Out of PS. Case No.-271 Year-2024 Thana- PATEPUR District- Vaishali ====================================================== Salman S/o Ramjani @ Ramjan R/o Village- Madapur, Bachhaura @ Bajhaura, P.S.- Pilkhuwa, District- Hapur, State- Uttar Pradesh ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 28547 of 2025) For the Petitioner/s :
Mr. Ranjeet Kumar, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, APP (In CRIMINAL MISCELLANEOUS No. 29294 of 2025) For the Petitioner/s :
Mr. Sanjay Kumar S.K., Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. Petitioners are in custody in a case registered for the offence punishable under Section 309(4) of the B.N.S.
3. As per the prosecution case, informant gave his written statement before the Police that he is working as
Patna High Court CR. MISC. No.28547 of 2025(2) dt.07-05-2025 2/3 Manager in M/s Gos Logistic Company, Muzaffarpur and his company vehicle bearing registration No.UP78GT-5037 left from Delhi for Assam on 10.09.2024 carrying Sikhar Pan Masala, 150 bags of Cigarette were loaded and on 14.09.2024 on his way, the said vehicle was overtooked by DCM truck and 3-4 unknown persons took the vehicle near newly constructed godown of one Dinesh Thakur and all the goods were unloaded and loaded in truck by which the miscreants came. After this incident, the informant lodged the FIR.
4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. He further submits that petitioners are not named in the FIR and name of the petitioners has surfaced on the basis of confessional statement of the co-accused Sajid Tyagi. He further submits that no incriminating article has been recovered from the conscious possession of both the petitioners and investigation has already been concluded and accordingly, chargesheet has been submitted but till date no TIP has been conducted during the investigation. He further submits that petitioner are in custody since 24.12.2024. He next submits that petitioner petitioners have got one criminal antecedent as stated in para-3 of the bail petition.
Patna High Court CR. MISC. No.28547 of 2025(2) dt.07-05-2025 3/3
5. Learned APP for the State opposes the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case, submission of the learned counsel for the petitioners as well as the fact that no incriminating article has been recovered from the conscious possession of the petitioners and investigation has already been concluded and accordingly, chargesheet has been submitted but till date no TIP has been conducted during the investigation, let the above named petitioners be released on bail, on their furnishing bail bonds of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Vaishali at Hajipur in connection with Patepur P.S. Case No.271 of 2024.
(Ramesh Chand Malviya, J) Harshita/- U T