Md. Saddab @ Laddan @ Sadab Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72547 of 2024 Arising Out of PS. Case No.-407 Year-2023 Thana- PAROO District- Muzaffarpur ====================================================== Md. Saddab @ Laddan @ Sadab Alam, aged about 29 years, Male, S/o Sabbir Alam, R/o Village- Sahdani Kothua, P.S.- Saraiya, District- Muzaffarpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Alok Kumar Alok, Advocate For the Opposite Party :
Mr. Anil Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Sessions Trial No. 231of 2024, arising out of Paroo P.S. Case No. 407 of 2023 dated 20.09.2023 registered for the offences punishable under Sections 302, 201 and 120B of the I.P.C.
3. As per the prosecution case, on 20.09.2023 at about 5.00 P.M., while the informant was visiting his area, he received an information that in a paddy field beside the road at a distance of about 200 meters from Paroo Canal, the dead body of an unknown person was lying on which he immediately rushed there and saw that on the village road that goes towards Gadha, certain villagers had assembled and then he spotted a dead body dumped in the paddy field wrapped in a plastic car cover and
2/4 when the cover was opened, the dead body of the unknown person was fully visible but none of the villagers present could identify that and so it appeared to him that some persons had killed him at some other location and his body was dumped there with a view to conceal the crime and he requested for legal action.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner is not named in the F.I.R. and his name has surfaced in the present case during the course of investigation on the basis of the confessional statement of the co-accused. It is further submitted that during the course of investigation, the spy disclosed the name of the coaccused Manoj Kumar that in whose car, the dead body of the deceased was carrying from one place to another and he was arrested and his car was also seized. The said Manoj Kumar has confessed before the police about his involvement in the murder of the deceased Babloo Kumar and he arranged the co-accused Md. Saif and Md. Saif arranged the other co-accused for commission of the said offence. Later on, the name of the petitioner has come in the present case on the basis of the confessional statement of the co-accused Anmol. It is further
3/4 submitted that the co-accused Manoj Kumar and Md. Saif have not stated anything against the petitioner. The other co-accused, Md. Saif @ Sahanawaz Siddique has been granted bail by a Bench of this Court vide Cr. Misc. No. 4491 of 2024 under order dated 16.05.2024. The petitioner has seven criminal antecedents which are not of similar nature of offence, in which he is on bail as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 09.01.2024. 5.Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned 17th Additional Sessions Judge, Muzaffarpur, in connection with Sessions Trial No. 231 of 2024, arising out of Paroo P.S. Case No. 407 of 2023 with further condition:- I. The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable
4/4 to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T