Md. Mustak @ Md. Mostak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40070 of 2024 Arising Out of PS. Case No.-229 Year-2023 Thana- BRAHMPURA District- Muzaffarpur ====================================================== Md. Mustak @ Md. Mostak S/O Md Kasim R/O Village- Chandwara, Chhit Bhagwatipur, P.S- Ahiyapur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Masoom Alam, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Brahmpura PS Case No. 229 of 2023 instituted for the offences punishable under Sections 401, 411, 413 and 414 of the Indian Penal Code.

3. As per the prosecution case, the informant states that in course of checking, the accused persons who were on two motorcycles made an attempt to escape. Some of them fell down as a result of which some of the accused persons were caught while others managed to escape.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has

Patna High Court CR. MISC. No.40070 of 2024(2) dt.15-07-2024 2/3 falsely been implicated in this case. There is no any recovery from the conscious possession of the petitioner. Petitioner has no concern with the seized motorcycle. Petitioner is in custody since 25.09.2023. Similarly situated co-accused persons have already been granted bail by Co-ordinate Benches of this Court passed in Cr. Misc. Nos. 1056 of 2024, 2193 of 2024 and 34292 of 2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order dated 01.04.2024, it appears that the FIR has been lodged by the informant Md. Alam against seven accused persons for the offences punishable under Sections 401, 411, 413 and 414 of the Indian Penal Code. The petitioner is named in the FIR, which has been registered on the basis of written report given by one Md. Alam, SHO Brahampura. There is no any independent witness of the alleged occurrence. Similarly situated co-accused persons namely Md. Jawed @ Mohammad Jawed, has been granted bail by this Court in Cr. Misc. No. 2193 of 2024 vide order dated 20.03.2024, accordingly the prayer for bail of the petitioner 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

Patna High Court CR. MISC. No.40070 of 2024(2) dt.15-07-2024 3/3 the learned Judicial Magistrate-1st Class, Muzaffarpur/concerned court, in connection with Brahmpura PS Case No. 229 of 2023.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T