Md. Salman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49108 of 2024 Arising Out of PS. Case No.-184 Year-2022 Thana- BITHAN District- Samastipur ====================================================== MD. SALMAN SON OF MD. GANI RESIDENT OF VILLAGE - HARIPUR BAZAR, WARD NO. 05, P.S. - ALAULI, DISTRICT - KHAGARIYA, BIHAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhav Kumar, Advocate For the Opposite Party/s :
Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bithan P.S. Case No. 184 of 2022 instituted for the offences under Section 392 of the Indian Penal Code.
3. Prosecution case, in short, is that when the informant was returning to his home after withdrawing the cash from the bank, on the way, three unknown miscreants snatched Rs. 86,000/- and mobile phone from the informant and fled
Patna High Court CR. MISC. No.49108 of 2024(2) dt.24-07-2024 2/3 away.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of his self confession statement. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Learned counsel further submitted that petitioner has got no concern with the looted articles. Learned counsel further submitted that except confessional statement, there is no material against the petitioner. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.07.2023 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.49108 of 2024(2) dt.24-07-2024 3/3 below/concerned Court in connection with Bithan P.S. Case No. 184 of 2022.
(Rudra Prakash Mishra, J) Alok Verma/- U T