Patna High CourtCR. MISC./1441/2019bail granted

Md. Mustafa v. The State Of Bihar

2019-01-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1441 of 2019 Arising Out of PS. Case No.-253 Year-2016 Thana- KADWA District- Katihar ====================================================== Md. Mustafa, son of Late Sk. Wohab @ Wahab, Resident of VillageHachalpur, Pararia, P.S-Kadwa, District-Katihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-01-2019 Earlier prayer for bail of the petitioner was rejected by this Court twice vide order dated 4.7.2017 in Cr.Misc.No. 18908 of 2017 and vide order dated 21.3.2018 passed in Cr.Misc.No. 14585 of 2018 considering the allegation of kidnapping against him.

Submission of learned counsel for the petitioner is that co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 26.4.2017 passed in Cr.Misc.No. 14579 of 2017 and petitioner is in custody since 1.2.2017 and allegation is general in nature. Heard learned APP also.

No doubt it appears that that considering the fact that earlier prayer for bail of the petitioner was rejected but now petitioner is in custody for more than one and a half years, let

Patna High Court Cr.Misc. No.1441 of 2019(2) dt.23-01-2019 2/2 the petitioner be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in connection with Kadwa P.S. Case No. 253 of 2016, subject to the conditions that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and petitioner has to co-operate in disposal of trial, otherwise his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U T