Md. Salman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59521 of 2023 Arising Out of PS. Case No.-1231 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Md. Salman S/O Md. Jamal Resident Of Village- Sahugarh, Diwani Tola, P.S And Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupesh Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 356, 379, 307 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegation against the three miscreants is that they snatched the mobile of the informant and also made firing. One of them apprehended with the help of local people and other two miscreants were managed to flee from the place of occurrence. Apprehended person disclosed the name of the petitioner who fled from there.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.59521 of 2023(2) dt.08-09-2023 2/2 falsely been implicated in this case merely on suspicion. Nothing looted article has been recovered from the conscious possession of the petitioner. He was not apprehended on spot. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.03.2023. Similarly, situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide Annexure2 of this petition.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhepura(Bharrahi O.P.) P.S. Case No. 1231 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhepura. (Sunil Kumar Panwar, J) shubham/- U T