Md. Mustkim @ Mustkim @ Lalwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31273 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- BIRPUR District- Supaul ====================================================== Md. Mustkim @ Mustkim @ Lalwa S/o- Late Md. Mukim @ Late Mokim Resident of village - Lalpurgot, Police Station - Birpur, Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-05-2025 Heard Mr. Arun, learned counsel for the petitioner and Mr. Humayou Ahmad Khan, learned APP for the State.

2. The petitioner has prayed for bail in connection with Birpur (Balua Bazar) P.S. Case No. 01 of 2025 registered for the offence punishable under Sections 126(2), 115(2), 308(4), 351(3), 3(5) of the BNS and Sections 25(1-B)a, 26, 35 of the Arms Act.

3. The case of the prosecution is that one call was made to the informant and was directed to come at his shop at 11:00 PM and when he went there, the petitioner and one another namely, Chanwa was there. It is alleged that the petitioner and other accused person stated assaulting the

Patna High Court CR. MISC. No.31273 of 2025(2) dt.21-05-2025 2/3 informant. The petitioner pointed gun on the informant and demanded Rupees Two Lacs as Rangdari. It is further alleged that the informant anyhow snatched the pistol of the petitioner and saved himself.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He submits that the from perusal of the FIR, it is not clear that who has called the informant at 11:00 PM at his shop and from perusal of the FIR, it is clear that no Rangdari has been given even the pistol of the petitioner was snatched by the informant that was produced to the police. Petitioner has been named in this due to his criminal antecedents. Petitioner is languishing in judicial custody since 01.01.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of 13 cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

Patna High Court CR. MISC. No.31273 of 2025(2) dt.21-05-2025 3/3 of the like amount each to the satisfaction of the learned A.C.J.M., Birpur. in connection with Birpur (Balua Bazar) P.S. Case No. 01 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T