Md. Salman Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12261 of 2025

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Arising Out of PS. Case No.-2 Year-2021 Thana- BELSAND District- Sitamarhi

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Md. Salman S/O Md. Wajid @ Md. Wajid Ali Resident of Village- Jafarpur, P.S- Belsan, Distt.- Sitamarhi.

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... ... Petitioner

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Versus

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The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Mahendra Thakur, Advocate Mr.Sanjay Kumar, Advocate For the State : Mr. Anil Kumar, APP For the Informant : Mr. Dinesh Jha, Advocate ======================================================

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... ... Opposite Party

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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3 04-04-2025

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Heard Mr. Mahendra Thakur, learned counsel for the petitioner, Mr. Anil Kumar learned Additional Public Prosecutor for the State and Mr. Dinesh Jha, learned counsel for the informant.

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Petitioner seeks bail who is in custody since 05.01.2021 in connection with Sessions Trial No. 146 of 2022 arising out of Belsand P.S. Case No. 02 of 2021, F.I.R. dated 03.01.2021 for the offences punishable under Sections 341, 323, 302, 201, 120(B), 504 and 506 of the Indian Penal Code.

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Earlier the bail applications of the petitioner were rejected twice vide order dated 26.06.2023 in Cr. Misc. No. 8726 of 2023 and vide order dated 03.04.2024 in Cr. Misc. No. 1611 of 2024 by this Court and thereafter the petitioner had again moved before this Court for grant of regular bail in Cr.

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Patna High Court CR. MISC. No.12261 of 2025(3) dt.04-04-2025 2/3

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Misc. No. 78799 of 2024 which was withdrawn with a liberty to file a fresh application before the learned Court below. Thereafter, the petitioner has moved before this Court for grant of regular bail in the present case.

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Learned counsel for the petitioner submits that petitioner has clean antecedent/is innocent and he has falsely been implicated in the present case. He further submits that although twice the bail petition of the petitioner has been rejected on merit by this Court, but the trial is not concluded as yet. The petitioner is in custody since 05.01.2021.

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Vide order dated 21.02.2025, a report was called with regard to stage of the trial. Report of the learned Trial Court dated 07.03.2025 reveals that all the prosecution witnesses have been examined in this case and after closing of prosecution evidence and statement of accused persons, the case is fixed for the defence evidence. The defence has filed a petition on 07.03.2025 stating therein that defence has to examine five witnesses and some documentary evidence is also to be adduced.

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Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

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Considering the report of the trial Court as well as

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Patna High Court CR. MISC. No.12261 of 2025(3) dt.04-04-2025 3/3

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nature of allegation against the petitioner in the F.I.R., I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 146 of 2022 arising out of Belsand P.S. Case No. 02 of 2021 pending in the Court of Additional Sessions Judge-I, Sitamarhi.

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