Md. Salim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53478 of 2018 Arising Out of PS.Case No. -23 Year- 2018 Thana -NIMACHANDPURA District- BEGUSARAI ======================================================

1. Md. Salim S/o Late Md. Abbas, R/o Vill.- Saidpur, P.S.- Sahebpur Kamal, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Sinha For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case under Sections 302, 364 and 201/34 of the Indian Penal Code. There is allegation that the sister of the informant had gone to Begusarai to attend a meeting of PDS Dealer Association on 15.03.2018 and thereafter she did not return her home. The informant suspects that his sister has been kidnapped. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. His name has surfaced in this case only on his re-statement. There is nothing against the petitioner and he is in custody since 23.03.2018. Heard learned APP appearing for the State. He opposed the prayer for bail on the ground that on his confession the dead

Patna High Court Cr.Misc. No.53478 of 2018 (3) dt.09-10-2018 2/2 body of the deceased was recovered. In this case, trial has already been commenced and three witnesses out of six witnesses have already been examined by the prosecution.

Heard both sides.

In view of the fact and circumstances of the case, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 5th Additional Sessions Judge, Begusarai, in connection with S.T. No.344 of 2018, arising out of Nimachanpura P.S. Case No.23 of 2018 with condition that one of the bailors must be family member of the petitioner and secondly he will co-operate during trial before the court below, failing which, the court below would be at liberty to cancel his bail bond.

(Vinod Kumar Sinha, J) Amit/- U T