Md. Mustaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36235 of 2019 Arising Out of PS. Case No.-799 Year-2018 Thana- KHAJANCHI HAT District- Purnia ====================================================== MD. MUSTAQUE Son of Md. Laik Resident of Aina Mahal, Shani Mandir, Gulabbagh, P.S.- Sadar, District - Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with K. Hat (Sahayak) P.S. Case No. 799 of 2018 registered under sections 414 and 413 of the I.P.C. pending in the Court of C.J.M., Purnia. Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. Further submission is that petitioner is in custody since 30.11.2018.

Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of the petitioner by contending that petitioner has got criminal antecedent and he is accused in several cases, as detailed in paragraph no. 3 of the bail application. Further submission is that on perusal of case diary,

Patna High Court CR. MISC. No.36235 of 2019(3) dt.03-09-2019 2/2 it appears that the witnesses have supported the prosecution version. Hence, he does not deserve privilege of bail. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

However, liberty is given to the petitioner to renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) shailendra/- U T