Md. Salman @ Salmi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53650 of 2021 Arising Out of PS. Case No.-37 Year-2020 Thana- LODIPUR District- Bhagalpur ====================================================== MD. SALMAN @ SALMI SON OF MD. NASIM RESIDENT OF VILLAGE- USTU, P.S.- LODIPUR, DISTRICT-BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akshansh Ankit, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307 and 504 of the Indian Penal Code read with Sections 3⁄4 of the Explosive Substances Act. Learned counsel for the petitioner submits that the petitioner was the informant and had alleged that that while he was coming back home after grazing the goats, the named accused persons surrounded him and assaulted him and further while they were fleeing Md. Gosul threw a bomb upon the informant due to which he became injured.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.53650 of 2021(3) dt.31-08-2022 2/3 petitioner is a person with clean antecedent and during the course of investigation, the informant himself was made an accused by the police, it is next submitted that during the course of investigation statement of witnesses was recorded and all the witnesses have supported the prosecution case though they are not eyewitness to the occurrence but one of the witnesses before the police stated that he heard that perhaps it was the petitioner who was making bomb which exploded leading to injury, learned counsel thus submits that investigation is still going on as such at this stage if anticipatory bail is denied that would be a travesty of justice.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Lodipur P.S. Case No. 37 of 2020 subject to the conditions as laid down

Patna High Court CR. MISC. No.53650 of 2021(3) dt.31-08-2022 3/3 under Section 438 (2) of the Cr.P.C.

The present order of anticipatory bail shall lose its effect in the event if charge-sheet against the petitioner is submitted by the police after investigation.

(Satyavrat Verma, J) Rishi/- U T