Md. Mustaque @ Mustak Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2713 of 2020 Arising Out of PS. Case No.-120 Year-2018 Thana- RANIGANJ District- Araria ====================================================== MD. MUSTAQUE @ MUSTAK ALAM S/o- Late Samid Ali Resident of Village- Pachera, P.S.- Raniganj, District- Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Raniganj P.S. Case No. 120 of 2018 (Session Trial No. 312 of 2019) for the offence registered under Sections 302, 201/34 of the Indian Penal Code.

The allegation is regarding the husband of the informant having gone out for some work towards Santhali Tola near the Kabristan and thereafter on the same day at about 1:00 P.M., the dead body of the husband of the informant was found lying in the maize field.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that the petitioner is

Patna High Court CR. MISC. No.2713 of 2020(2) dt.20-01-2020 2/2 having a clean antecedent and he is languishing in custody since 27.09.2019. Lastly, it is submitted that merely on suspicion the name of the petitioner has been roped in the present case and the fact is that other co-accused persons have already been granted bail by a coordinate Bench of this Court vide orders dated 10.08.2018 passed in Criminal Misc. No. 49272 of 2018 and Criminal Misc. No. 49301 of 2018. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the parity of the case of the petitioner with that of the co-accused persons who have alrady been granted bail, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Araria in connection with Raniganj P.S. Case No. 120 of 2018 (Session Trial No. 312 of 2019).

(Mohit Kumar Shah, J) S.Sb/- U T