Md. Salam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51950 of 2018 Arising Out of PS.Case No. -52 Year- 2018 Thana -NIRMALI District- SUPAUL ====================================================== Md. Salam, S/o Md.Jamal, resident of Village- Majhari, P.S. Nirmali, District Supaul.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Nirmali P.S. Case No.52 of 2018 registered for the offence punishable under Sections 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. His name has been transpired from the confessional statement of the co-accused Md. Faruque, however nothing has been recovered from the possession of this petitioner. It is submitted that petitioner is in custody since 20.04.2018, but till date no T.I. parade has been conducted to identify the petitioner in connection with the

Patna High Court Cr.Misc. No.51950 of 2018 (2) dt.20-09-2018 present case.

On the other hand, learned Additional Public Prosecutor for the State opposes the prayer for bail of the petitioner, as according to him it has come in investigation that one black colour mobile and one blue colour jeans pant has been recovered from the petitioner.

Considering the facts and circumstances of the case wherein the petitioner having no criminal antecedent and is in custody since 20.04.2018 as also that nothing incriminating articles have been recovered from his possession and there is no material to connect the alleged mobile phone, blue colour jeans with any passenger of the bus in question, this court directs release of the above-named petitioner on bail on furnishing bail bond of Rs. 15,000/- (Rupees fifteen thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Birpur, Supaul, in connection with Nirmali P.S. Case No. 52 of 2018, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T