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Patna High CourtCR. MISC./29599/2025bail granted

Muskan Paswan @ Mustan Kumar@ Muskan Kumar v. The State Of Bihar

2025-05-16Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29599 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- ALOULI District- Khagaria ====================================================== Muskan Paswan @ Mustan Kumar@ Muskan Kumar son of Gurudeo Paswan Resident of Village- Saharbanni PS- Alauli District -Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Singh, Adv.

For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Alauli P.S. Case No. 54 of 2025 dated 06.02.2025 registered for the offence punishable under Sections 126(2), 115(2), 309(4) and 352 of the Bharatiya Nyaya Sanhita, 2023.

3. The allegation against the petitioner and other co-accused persons is that they snatched Rs. 15,000/- cash and one mobile phone from the informant and also assaulted the informant on his head by means of butt of country made pistol.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in

Patna High Court CR. MISC. No.29599 of 2025(2) dt.16-05-2025 2/3 this case. It is submitted that there is no specific allegation against the petitioner, rather, the allegation is general and omnibus against all the three accused persons. It is submitted that the injury sustained by the informant is said to be simple in nature. Lastly, it has been submitted that the petitioner is in custody since 08.02.2025, having one criminal case against him and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Khagaria in connection with Alauli P.S. Case No. 54 of 2025, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.29599 of 2025(2) dt.16-05-2025 3/3

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J) prabhat/- U T