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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34436 of 2020 Arising Out of PS. Case No.-91 Year-2019 Thana- BALIGAON District- Vaishali ====================================================== 1.

Md. Mustaq @ Md. Mustak Son of late Nabi Baks, R/o Village- Beladam, P.S.- Baligaon, District- Vaishali.

2.

Md. Istyak @ Ishtaak Son of Late Nabi Baks, R/o Village- Beladam, P.S.- Baligaon, District- Vaishali.

3.

Frid Sah @ Fareed Shah Son of Late Mahibul Shah @ Mahabul Shah, R/o Village- Beladam, P.S.- Baligaon, District- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bela Singh For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-03-2021 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Baligaon P.S. Case No. 91 of 2019 registered for offence punishable under sections 147, 148, 323, 324, 325, 307, 153A, 295 and 427 of the Indian Penal Code. For the same incident, Baligaon P.S. Case No. 88 of 2019 mentioned in paragraph 3 of this application, has been lodged by police and another, i.e. Baligaon P.S. Case No.91 of 2019, has been lodged by the informant. The incident had taken place on account of Tajia procession.

Patna High Court CR. MISC. No.34436 of 2020(2) dt.08-03-2021 2/2 Allegation has been made of pelting stone and destructing inside the Shiv and Hanuman Mandir. Learned counsel for the petitioners submits that there is no specific allegation against these petitioners. Looking to the facts and circumstance of the case, let petitioners above named, in event of arrest or surrender before the court below within six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XVI, Vaishali in connection with Baligaon P.S. Case No. 91 of 2019, subject to condition that one of the bailors of the petitioners shall be their close relative.

The petitioners will not induce any witness or tamper with the evidence and they shall cooperate in the disposal of trial and make themselves available as and when required by the court. If the petitioners are found involved in future in the similar type of offence, the bail granted to the petitioners will be treated to have been withdrawn.