Patna High Court
Md. SalimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner on condition of a Rs.10,000 bond, two sureties, and cooperation with the trial.
Summary
Md. Salim petitioned for regular bail in a case (Chhatapur P.S. Case No. 464 of 2023) involving alleged abduction and murder of an informant's son, with charges under IPC sections 363, 364, 365, 120(b), 302, 201 and 34. The prosecution alleged that co‑accused Dinesh Yadav, along with four unknown persons, threatened and possibly killed the victim. The petitioner claimed innocence, stating that a co‑accused who had been acquitted (Ramesh Kumar Yadav) named him in a confessional statement, and that the wife of the deceased identified three other acquitted persons. He had been in custody since 8 March 2025. The State opposed bail, but the court, after considering the circumstances and the acquittals of other accused, directed that bail be granted on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation and availability for trial.
Issues considered
- Whether regular bail should be granted to the petitioner despite the seriousness of the offences and the prosecution’s case
- Whether the acquittal of co‑accused and the confessional statement implicating the petitioner affect the bail decision
Legislation cited
- Indian Penal Code — s. 120(b), 201, 302, 34, 363, 364, 365
Subjects
- regular bail
- Indian Penal Code
- abduction
- murder
- criminal procedure
- presumption of innocence
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45154 of 2025
Arising Out of PS. Case No.-464 Year-2023 Thana- CHHATAPUR District- Supaul
======================================================
Md. Salim S/O Late Sofi Miyan R/O Village- Chakla, P.S- Chhatapur, Distt.-
Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Naresh Kumar Mehta
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 13-01-2026 Heard the learned counsel for the petitioner as well as
the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Chhatapur P.S. Case No. 464 of 2023, registered for the
offences punishable under Sections 363, 364, 365, 120(b), 302
and 201/34 of the Indian Penal Code.
3. As per the prosecution case, on 20.12.2023 at about
8:00 p.m., the son of the informant left the hospital for his home
on a motorcycle but did not reach home. When the informant
tried to contact his son on his phone, the mobile phone was
found switched off. Thereafter, the motorcycle of the
informant’s son was found parked near a tea stall at the hospital,
but his son was not found there. It is further alleged that prior to
the said occurrence, co-accused Dinesh Yadav had threatened
Patna High Court CR. MISC. No.45154 of 2025(3) dt.13-01-2026
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the informant to abduct and kill the informant’s son due to
previous enmity. On 20.12.2023, co-accused Dinesh Yadav,
along with four unknown persons, was allegedly seen near the
hospital.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. He has further submitted that the wife of the deceased
named three co-accused persons, namely, Ramesh Kumar Yadav
@ Fauji, Sandhir Yadav and Bhupendra Yadav. These three
accused persons have been acquitted vide judgment and order
dated 26.09.2025 passed in Sessions Trial No. 291 of 2024. The
co-accused, Ramesh Kumar Yadav @ Fauji, who has been
acquitted, named the petitioner in his confessional statement.
The co-accused in whose confessional statement, the name of
the petitioner figured has already been acquitted in Sessions
Trial No. 291 of 2024. The petitioner has been in custody since
08.03.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release
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the petitioner on bail on furnishing bail bonds of Rs.10,000/-
with two sureties of the like amount each to the satisfaction of
learned ACJM-V, Supaul in connection with Chhatapur P.S.
Case No. 464 of 2023, subject to the following conditions that
the petitioner shall cooperate in the disposal of trial and
make himself available as and when required by the court.
7. The petitioner shall cooperate in the disposal of
trial and make himself available on each and every date till
conclusion of the trial.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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