Md. Mustaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16885 of 2024 Arising Out of PS. Case No.-251 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== Md. Mustaque Son Of Md. Mokim Resident Of Mohalla - Mekana, PsBahadurpur, (Sonki Op), Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Vinay Kumar Mishra, Advocate For the State :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bahadurpur P.S. Case No. 251 of 2023 instituted for the offence under Sections 341, 323, 307, 504, 506 & 34 of the Indian Penal Code.

3.

Prosecution case in short is that informant, brother of the informant and wife of the informant were assaulted by the accused persons, including the petitioner due to which they sustained injury.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19-08-2023. Petitioner is stated to be man of clean antecedent.

Patna High Court CR. MISC. No.16885 of 2024(2) dt.13-03-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Parties are neighbours and there is case and counter case between them. It is submitted that there is delay of three days in lodging of the FIR. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and fact that there is case and counter case between the parties, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bahadurpur P.S. Case No. 251 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T