Saklain Mustak @ Saklain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65846 of 2025 Arising Out of PS. Case No.-285 Year-2025 Thana- BETTIAH CITY District- West Champaran ====================================================== Saklain Mustak @ Saklain S/O Mustakim Resident of Village- Ahirauli, P.SKasaya, Distt.- Kushinagar (U.P). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-09-2025 Heard Mr. Ajay Kumar Tiwary, learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State. 2.

The petitioner seeks bail in connection with Bettiah P.S. Case No. 285 of 2025 instituted for the offence under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023. 3.

The informant alleged that on 06.06.2005, after withdrawing Rs. 25,000/- from SBI, he was returning home by tempo. Near 'Bhulu Medical Store', three men in a white car forcibly abducted him and took him towards Mannar Pool. They snatched the withdrawn amount and later pushed him out of the vehicle before fleeing towards Bagh.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-06-2025. Petitioner

Patna High Court CR. MISC. No.65846 of 2025(2) dt.17-09-2025 2/3 bears nine criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired during investigation. Nothing has been recovered from the conscious possession of the petitioner. Petitioner was not even put on T.I. Parade. Learned counsel for the petitioner resorted to the plea of alibi as he was not present at the time of occurrence.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of petitioner's implication, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bettiah P.S. Case No. 285 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.65846 of 2025(2) dt.17-09-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T