Md. Salauddin And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.53723 of 2017 (3) dt.20-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53723 of 2017 Arising Out of PS.Case No. -26 Year- 2016 Thana -UDAKISHANGANJ District- MADHEPURA ======================================================

1. Md. Salauddin son Md. Azmul, R/o- village- Pariharpur, P.S.- Bihariganj, Madhepura at present R/o- village- Tarmkulha, P.S.- Sour Bazar, Saharsa.

2. Md. Sajjo @ Md. Sajak, Son of Wakil Mian, R/o- village- Pariharpur, P.S.- Biharignaj, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Chand Prasad, Adv. For the Opposite Party/s : Mr. Sri Upendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Udakishunganj Police Station Case No. 26 of 2016, disclosing offences under Sections 302, 201 and 34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. rather he has falsely been implicated in this case merely on the basis of suspicion and except suspicion, no cogent material has come against the petitioner during course of the investigation. Hence, the petitioner deserves the privilege of

Patna High Court Cr.Misc. No.53723 of 2017 (3) dt.20-12-2017 anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Sub Divisional Judicial Magistrate, Udakishunganj, Madhepura, in connection with Udakishunganj Police Station Case No. 26 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T