Patna High CourtCR. MISC./73200/2019bail granted

Mushtaque v. The State Of Bihar

2019-11-25Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73200 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- SIKTI District- Araria ====================================================== MUSHTAQUE S/O Late Quarban Ali @ Kurban Resident of Village- Salguri, P.S.- Sikty, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Sikty P.S. Case No. 84 of 2019 registered for the offence punishable under sections 147, 148, 149, 224, 225, 341, 323, 324, 332, 333, 353, 307 and 506 of the Indian Penal Code. As per allegation in the FIR, some persons were seen crossing the Indo-Nepal border and when they entered into India, on being confronted, they threw the articles and tried to escape. It is further stated that one person, the petitioner herein was caught while other persons tried to rescue him and assaulted the officials with a Khukhari leading to a cut injury on the left thumb.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.73200 of 2019(2) dt.25-11-2019 2/2 that from reading of FIR itself it would transpire that allegation of assault is not against the petitioner. He is in custody since 04.07.2019.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Araria in connection with Sikty P.S. Case No. 84 of 2019.

(Partha Sarthy, J) sushma/- U