PATNA, India, June 11 -- Patna High Court issued the following order on May 13:

Heard learned counsel for the petitioner as well as the counsel appearing for the respondent-State.

2. It is the first regular bail application submitted by the petitioner who has been arrested in connection with Gopalganj P.S. Case No. 118 of 2024 dated 13.02.2024 for the alleged offences punishable under Section 302, 120-B, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. In this case, the name of the deceased is Abdul Salam @ Aslam Mukhiya. The son of the deceased lodged a written complaint wherein it is alleged that on 12.02.2024, when his father was going to railway station along with one Munna on his motorcycle. Allegedly, on the way two named accused persons Mahtab Alam @ Lalbabu and Fahim @ Saddam came from behind on a motorcycle and Mahtab Alam @ Lalbabu fired him on which he sustained injuries and died. The accused persons then fled away from the spot with other accused persons waiting for them. On the basis of written complaint made by the son of the deceased, offences has been registered. During course of investigation, on the basis of confessional statement made by Deepak Kumar Ram, the petitioner is implicated in this case and arrested on 02.06.2024.

4. It is submitted by the counsel for the petitioner that the petitioner herein is innocent and is falsely implicated in this case. He further submits that the petitioner is not named in the FIR and is implicated in this case only on the basis of the confessional statement made by the co-accused. There is no material available on record to implicate the petitioner for the crime in question. He is in custody since 02.06.2024, trial will take some time. Therefore, it is prayed that on these grounds he may be granted benefit of bail.

5. Learned counsel appearing on behalf of respondentState opposes the prayer of bail.

6. Considering the submission made by the counsels and further considering the fact that the petitioner is implicated in this case only on the basis of the confessional statement made by the coaccused, I am of the view that in this case, the present applicant should be granted the benefit of bail. Accordingly, the petition is allowed. The petitioner is directed to be released on bail in connection with Gopalganj P.S. Case No. 118 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties, to the like amount each to the satisfaction of the learned ADJ- VIII, Gopalganj.

Disclaimer: Curated by HT Syndication.