Md. Mustafa @ Mustafa v. The State Of Bihar

Patna High Court Cr.Misc. No.41625 of 2014 (2) dt.04-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41625 of 2014 Arising Out of PS.Case No. -451 Year- 2013 Thana -NAWADA District- NAWADA ====================================================== MD. MUSTAFA @ MUSTAFA, SON OF GHULAM RABBANI, RESIDENT OF MOHALLA - RAJA NAGAR, BHADAUNI, P.S. - NAWADA TOWN IN THE DISTT. - NAWADA.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Abhay Kr. Roy(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Nawada Town P.S. Case No. 451 of 2013 registered under Sections 147, 323, 354(B), 448, 380, 504 and 427 of the Indian Penal Code. The allegation is that on refusal of the informant to prepare chicken during religious month of Sawan, the accused persons damaged the restaurant of the informant, outraged the modesty of women and took away the gold chain and other articles.

Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner and others. It

Patna High Court Cr.Misc. No.41625 of 2014 (2) dt.04-03-2015 is further submitted that petitioner has no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused, Nawab, has already been granted privilege of anticipatory bail by this Court vide order dated 21.03.2014 passed in Criminal Misc. No. 2295 of 2014.

Considering the aforesaid submissions, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawda, in connection with Nawada Town P.S. Case No. 451 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T