Md. Mustaque And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.2276 of 2018 (2) dt.17-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2276 of 2018 Arising Out of PS.Case No. -323 Year- 2017 Thana -JAMUI (Town)District- JAMUI ======================================================

1. Md. Mustaque, Son of Md. Moin,

2. Md. Arshad @ Ashraf, Son of Md. Moin, Both resident of VillageThana Chowk (Pathan Chowk), P.S. and District- Jamui. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash Parasar, Adv For the Opposite Party/s : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-01-2018 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 03.10.2017 in connection with Jamui (Town) P.S. Case No. 323 of 2017 for the alleged offences under Sections 147, 148, 149, 332, 337, 338, 307, 435, 353, 188, 153(A)(I) (a) (b) (c), 153A(2), 295, 332, 120(B) of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated in connection with obstruction of a religious procession alleged against 59 FIR named including the petitioners and 300400 unknown persons. It is submitted that the petitioners have been implicated merely on suspicion and the allegations against them are general and omnibus. Similarly situated co-accused Sonu Keshri has been granted bail by this Court in Cr. Misc. No. 59966 of 2017.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court Cr.Misc. No.2276 of 2018 (2) dt.17-01-2018 thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jamui (Town) P.S. Case No. 323 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T