Md. Mumtaz v. The State Of Bihar

Patna High Court Cr.Misc. No.24515 of 2016 (2) dt.02-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24515 of 2016 Arising Out of PS.Case No. -149 Year- 2015 Thana -BARURAJ District- MUZAFFARPUR ====================================================== Md. Mumtaz son of Md. Sahid, resident of Village- Birahima, Police Station- Barurai, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raju Kumar For the Opposite Party/s : Mr. Ram Naresh Roy(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-06-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 10.12.2015 in connection with Baruraj P.S. Case No. 149 of 2015 for the offence registered under Sections 399, 402, 414, 120(B), 121(A), 122 and 123 of the Indian Penal Code and Sections 3, 4 and 5 of the Explosive Substance Act and Section 10, 13, 16(B), 18, 19 and 20 of U.A.P. Act and Section 25(1-b)a, 26 (ii) , 35 of the Arms Act.

Learned counsel for the petitioner submits that petitioner has been taken into custody from the place of occurrence whereas two other co-accused

Patna High Court Cr.Misc. No.24515 of 2016 (2) dt.02-06-2016 persons, namely, Laloo Bhagat @ Deepak Bhagat and Md. Chhote Alam, who have also been taken into custody from the place of occurrence on the basis of suspicion of being planning to commit dacoity, have extended the privilege of bail vide order dated 21.04.2016 passed in Cr. Misc. No. 16071 of 2016 and vide order dated 17.05.2016 passed in Cr. Misc. No. 20709 of 2016. It is further submitted that the case of the present petitioner is also similar to that of the aforementioned co-accused persons, who were apprehended on the basis of suspicion.

Considering the aforesaid facts and circumstances of the case and also the fact that the petitioner is in custody for six months , let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Session Judge-cum-Special Judge, Muzuffarpur in connection with Baruraj P.S. Case No. 149 of 2015.

Jagdish/- (Anjana Mishra, J) U T