Md. Salman @ Suleman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31996 of 2015 Arising Out of PS.Case No. -301 Year- 2013 Thana -ALAMGANJ District- PATNA ======================================================

1. Md. Salman @ Suleman son of Md. Sheru Resident of MohallaPirvaish, P.s Alamganj, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Soni Shrivastava For the Opposite Party/s : Mr. S.Ehteshamuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offence punishable under section 302/34 of the I.P.C Allegedly, 4-5 unknown persons committed murder of Chandan Kumar. The petitioner is not named but his name transpired in his confessional statement and further some of the witnesses made general allegation against the petitioner and others.

Submission is of false implication and that the police after adopting third degree method has got recorded the confessional statement which has got no evidentiary value in the eye of law, moreover from that confessional statement it does not transpire that the petitioner was the assailant and the witnesses

Patna High Court Cr.Misc. No.31996 of 2015 (3) dt.04-01-2016 2/2 who have named the petitioner had made general allegation. Md. Afroz, one of the co-accused, has been allowed bail vide Cr. Misc. No. 4487 of 2015 by another coordinate Bench of this Court. The petitioner has not been put on test identification parade though he is in custody since 30.11.2013.

The learned A.P.P. opposes prayer for bail by submitting that the witnesses vide paragraphs- 22 and 23 of the case diary have stated the name of the petitioner also. In the facts and circumstances as stated above, considering that co-accused Md. Afroz has been allowed bail, the petitioner has not been put on the test identification parade and as such he 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 7th Additional Sessions Judge, Patna City in S.T. No. 367 of 2014 arising out of Alamganj P.S. Case No. 301 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T