Mustaque Mian @ Mustak Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49601 of 2022 Arising Out of PS. Case No.-60 Year-2020 Thana- JAMOBAZAR District- Siwan ====================================================== MUSTAQUE MIAN @ MUSTAK AHMAD Son of Late Gyasuddin Mian Resident of village - Jogapur Kothi, P.S.- Jamo Bazar, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has filed the instant application for grant of regular bail in connection with Jamo Bazar P.S. Case No. 60 of 2020 registered under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code. The prosecution case in nutshell is that petitioner along with other co-accused persons assaulted the petitioner with knife due to which informant sustained injuries. It is further alleged that petitioner snatched golden chain and mobile from the informant.

Learned counsel for the petitioner submitted that petitioner is innocent and he has falsely been implicated in the present case. Petitioner is languishing in judicial custody since

Patna High Court CR. MISC. No.49601 of 2022(3) dt.11-01-2023 2/2 19.05.2022. It is further submitted that injury opined by the doctor is simple in nature and caused by hard and blunt substance, which do not corroborate with the prosecution version of the case. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Jamo Bazar P.S. Case No. 60 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-X, Siwan (Sunil Kumar Panwar, J) shubham/- U T