Patna High CourtCR. MISC./28145/2024bail granted

Sekh Mustafa @ Shekh Mustafa @ Mustufashekh v. The State Of Bihar

2024-04-19Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28145 of 2024 Arising Out of PS. Case No.-598 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Sekh Mustafa @ Shekh Mustafa @ Mustufashekh S/O Sk. Shani R/O VillageNautanwa, P.S- Shikarpur, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for an offence punishable under Sections 147, 148, 149, 447, 341, 323, 324, 307, 504, 506 and 302 of the Indian Penal Code and Sections 27, 25(1-b)a, 26, 30 and 35 of the Arms Act .

3. As per allegation in the FIR, it is a case of murder of the cousin of the informant

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and similarly situated co-accused Mainul Haque @ Moinul Haque @ Mainul Sheikh has been granted bail by this Court passed in Cr. Misc. No. 81156 of 2023 and petitioner is in

Patna High Court CR. MISC. No.28145 of 2024(2) dt.19-04-2024 2/2 custody since 23.11.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran in connection with Shikarpur P.S Case No. 598 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T