Md. Mustaque @ Md. Mustak Alam @ Md. Mustak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74971 of 2024 Arising Out of PS. Case No.-351 Year-2023 Thana- CHAUSA District- Madhepura ====================================================== Md. Mustaque @ Md. Mustak Alam @ Md. Mustak son of Md. Babar Ali @ Md. Babar Resident of Village -Kalabari, Ward No 11 PS- Chausa, District -Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pranav Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chausa P.S. Case No. 351 of 2023 dated 21.12.2023 registered for the offences punishable under Sections 341, 323, 324, 307, 302 and 506/34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.
4. Learned counsel for the petitioner submits that petitioner had approached this Court seeking anticipatory bail along with one Md. Azad by filing Cr. Misc. 41902 of 2024 but since petitioner was arrested during pendency of Cr. Misc. No. 41902 of 2024 as such his anticipatory bail was permitted to be withdrawn by order dated 24.07.2024.
5. It is next submitted that Md. Azad was granted the
Patna High Court CR. MISC. No.74971 of 2024(2) dt.20-12-2024 2/2 privilege of anticipatory bail by order dated 24.07.2024 in Cr. Misc. No. 41902 of 2024. It is next submitted that while granting anticipatory bail to Md. Azad, the Court has considered the case on merit and in detail. It is also submitted that the case of the petitioner is similar to the case of Md. Azad thus based on parity seeks bail as petitioner is in custody since 24.07.2024 and charge-sheet has been submitted.
6. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.
7. Considering the submissions, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Chausa P.S. Case No. 351 of 2023
8. However, it is made clear that if the learned trial court comes to a conclusion that petitioner after his release is trying to delay the trial in any manner, the learned trial court shall be at liberty to cancel the bail bond of the petitioner. (Satyavrat Verma, J) annpurna/- U T