Patna High CourtCR. MISC./46095/2021bail granted

Md. Gulam Mustafa @ Ghulam Mustafa v. The State Of Bihar

2021-09-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46095 of 2021 Arising Out of PS. Case No.-151 Year-2020 Thana- KISHANGANJ District- Kishanganj ====================================================== Md. Gulam Mustafa @ Ghulam Mustafa, Gender-Male, aged about 37 years, son of Tamijuddin, resident of Mohalla - Bali Chuka, P.S - Goalpokhar in the District of Uttar Dinajpur (W.B.) ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sunil Kumar, Advocate For the Opposite Party :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the parties.

This application for regular bail arises out of Kishanganj P.S. Case No. 151 of 2020, registered for the offence punishable under Section 392 of the Indian Penal Code. The petitioner's prayer for regular bail was earlier rejected by an order dated 18.01.2021 passed in Criminal Miscellaneous No.33214 of 2020 considering the materials collected during the course of investigation and his criminal antecedent. It was further observed that the petitioner shall be at liberty to renew his prayer for bail after six months, if there was no substantial progress at the trial.

Patna High Court CR. MISC. No.46095 of 2021(3) dt.22-09-2021 2/2 Learned counsel for the petitioner has submitted that till date even the charge has not been framed. He has further submitted that the petitioner is in custody since 11.05.2020. Considering the aforesaid submissions, this application is allowed. 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 learned Chief Judicial Magistrate, Kishanganj, in Kishanganj P.S. Case No. 151 of 2020.

This is subject to the condition that the petitioner shall present himself before the Police / Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) P. Tiwari/- U T