Patna High CourtCR. MISC./26170/2020disposed

Md. Mustaque Khan v. The State Of Bihar

2020-10-12Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26170 of 2020 Arising Out of PS. Case No.-22 Year-2018 Thana- RAJAOLI District- Nawada ====================================================== Md. Mustaque Khan aged about 56 years, Male, S/o Late Masim Khan Resident of Sikandra, Nawab Toli, P.S.-Sikandra, District-Jamui. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Pankaj Kumar Sinha, Advocate For the Opposite Party :

Mr. Uma Nath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-10-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Rajauli P.S. Case No. 22 of 2018 for the offence under Section 406 of the Indian Penal Code and subsequently, Section 395 of the IPC was added.

Learned counsel appearing on behalf of the petitioner would submit that the allegation against the petitioner is that he was involved in loot of truck. He further submits that name of the petitioner surfaced in the confessional statement of coaccused Birendra Kumar @ Prince. Petitioner has surrendered in the court below on 22.02.2020 and since then he is in custody. Learned counsel appearing on behalf of the State would submit that it would not be appropriate to release the

Patna High Court CR. MISC. No.26170 of 2020(2) dt.12-10-2020 2/2 petitioner as his release may adversely affect conduct of the fair election.

Considering the fact that the petitioner is in custody since 22.02.2020, the court of Chief Judicial Magistrate, Nawada is directed to release the petitioner on bail on appropriate terms and conditions in the facts and circumstances of the case after result of General Election in the State of Bihar is declared i.e. after 10th November, 2020.

With the aforesaid, the application stands disposed of. (Anil Kumar Upadhyay, J) BT/- U T