Md. Mushtaque Ahmed @Md. Mushtaque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68520 of 2022 Arising Out of PS. Case No.-130 Year-2020 Thana- KISHUNPUR District- Supaul ====================================================== Md. Mushtaque Ahmed @MD. Mushtaque Son Of Late Md. Abbas R/VKadampura, P.S.- Kishanpur, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Mishra, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 342, 323, 307, 324, 325, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioner is that he ordered to kill the informant upon which all the accused persons started assaulting him by means of iron rod with intention to kill the informant.
Learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.
Patna High Court CR. MISC. No.68520 of 2022(2) dt.27-02-2023 2/2 He submits that the petitioner is the order giver. He further submits that the police has submitted final form against the petitioner but learned court below has differed the final form and taken cognizance against the petitioner hence, this anticipatory bail application is being filed. Petitioner has got two criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State opposes prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kishanpur P.S. Case No. 130 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T