Saligram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66429 of 2023 Arising Out of PS. Case No.-477 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== SALIGRAM KUMAR S/o- DHANESHWAR MAHTO Village- Mahsar PsSheikhpura Dist- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 379 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, the informant alleged that the named accused persons kidnapped his son and demanded Rs. 2 lacs from the informant. Thereafter, the informant informed this fact to the police party and they reached near the place through mobile tower location and apprehended some persons. It is further alleged that from the apprehended persons

Patna High Court CR. MISC. No.66429 of 2023(2) dt.04-10-2023 2/3 some incriminating article has also been recovered.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light on the basis of confessional statement of co-accused Dhananjay Kumar, which has got no evidentiary value in the eyes of law. No incriminating article/looted has been recovered from the conscious possession of the petitioner. Further, it is submitted that co-accused Dhananjay Kumar is the main accused and a dispute arose between the friends due to that reason the petitioner has been implicated in the present case. He is languishing in judicial custody since 25.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sheikhpura in connection

Patna High Court CR. MISC. No.66429 of 2023(2) dt.04-10-2023 3/3 with Sheikhpura P.S. Case No. 477 of 2022.

(Sunil Kumar Panwar, J) Arish/- U T