Md. Sadam @ Md. Saddam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68833 of 2022 Arising Out of PS. Case No.-518 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Md. Sadam @ Md. Saddam S/o Md. Sonu R/o Village- Purabtola, Mojahidpur, P.S.- Mojahidpur, Distt- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mr. Naveen Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Bhalgalpur Kotwali (Tilakmanjhi) P.S. Case No. 518 of 2022 registered for the offence under Section 392 of the Indian Penal Code (in short I.P.C.), subsequently, sections 395 and 412 of the I.P.C. and Sections 25(1-b)A, 26 and 35 of the Arms Act was added.
The accused/petitioner is not named in the F.I.R. and is in custody since 12.07.2022.
The allegation against the petitioner is to commit robbery alongwith other co-accused persons and while committing so taken away 29.522 kilo-grams of silver belongs
Patna High Court CR. MISC. No.68833 of 2022(3) dt.09-05-2023 2/3 to informant, where Section for docoity was also subsequently added.
Learned counsel appearing on behalf of the petitioner submitted that the petitioner implicated falsely as his name surfaced during the course of investigation on the basis of confessional statement of co-accused Md. Sahnawaz Ali. It is submitted that said co-accused Md. Sahnawaz Ali has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 59050 of 2022 vide order dated 22.02.2023. It is also submitted that petitioner was not put on TIP, as yet and also no incriminating material recovered from his possession. While concluding the argument, it has been submitted that petitioner found involved in two more criminal cases, where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has already been submitted and, as such, there is no chance of tampering with the evidence.
Learned APP, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as save and except confessional statement of co-accused, namely, Md. Sahnawaz Ali nothing incriminating surfaced against this petitioner coupled with the fact that charge-sheet has
Patna High Court CR. MISC. No.68833 of 2022(3) dt.09-05-2023 3/3 already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Bhagalpur Kotwali (Tilakmanjhi) P.S. Case No. 518 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) pooja/- U T