Mubarak Khan @ Gunda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60387 of 2025 Arising Out of PS. Case No.-44 Year-25 Thana- PURNEA SADAR District- Purnia ====================================================== Mubarak Khan @ Gunda S/o- Late Mustafa Khan Village- Gandhinagar Hansdah Gulabbag Ps- Sadar District- Purnea ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sadar P.S. Case No. 44 of 2025 registered for the offence under Sections 338, 336(3), 340(2), 331(4), 303(2), 317(5), 310(4), 310(5), 3(5) of the BNS and under Sections 25(1-b), 1, 26, 35 of the Arms Act.
3. As per the prosecution case, the petitioner and others were planning to commit a crime and when the police reached there, some persons were caught and some fled away. The petitioner is the one, who was not caught at the spot.
4. The petitioner is in custody since 11.4.2025.
5. It has been submitted by the learned counsel for the petitioner that the petitioner was not caught on the spot and
Patna High Court CR. MISC. No.60387 of 2025(2) dt.08-09-2025 2/2 he has been implicated in this case on the basis of selfinculpatory statement of other co-accused.
6. Considering the fact that the petitioner was not caught on the spot, this application is allowed.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge, VIII, Purnea/concerned Court below in connection with Sadar P.S. Case No. 44 of 2025, subject to the condition that both the bailors should be close relative of the petitioner.
8. As a condition of this order, the petitioner after being released on bail is directed to mark his attendance at Purnea Sadar Police Station on every Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner. (Sandeep Kumar, J) Vikas/- U