Md. Mustafa @ Md. Mustufa @ Pindu @ Pintu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60880 of 2024 Arising Out of PS. Case No.-362 Year-2023 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Md. Mustafa @ Md. Mustufa @ Pindu @ Pintu Son of Md. Islam R/O Vill.- Khetas Kalna, P.S.- Kusheshwar Asthan, Dist.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Thakur Brajesh Singh, Adv.

For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-09-2024 Heard Mr. Tooba Hera, learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 308, 504 and 506 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that petitioner, during the course of investigation, was given the benefit of Section 41(a) of Cr.P.C. It is next submitted that petitioner cooperated in the investigation and police based on the investigation submitted charge-sheet and thereafter cognizance came to be taken and thus petitioner apprehend his arrest. It is further submitted that police during the course of

Patna High Court CR. MISC. No.60880 of 2024(2) dt.09-09-2024 2/2 investigation never felt the need of arresting petitioner as the petitioner cooperated in the investigation, it is next submitted that when police never felt the need of arresting the accused person whether it would be prudent for this Court to send the petitioner to jail based an order of cognizance when police during the course of investigation never arrested the petitioner.

4. Learned A.P.P. as well as learned counsel for the informant both opposes the bail application.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below withing a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Darbhanga, in connection with Kusheshwar Asthan P.S. Case No. 362 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The applications stands allowed.

sanjeev/- (Satyavrat Verma, J) U