Gulam Mustafa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78635 of 2024 Arising Out of PS. Case No.-493 Year-2022 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Gulam Mustafa S/O Tamuffuddin @ Md. Tamijuddin R/O Village- Kadgama Jogaili, Jageli ,P.S- K. Nagar (Srinagar), Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-01-2025 Heard the parties.

2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with K. Nagar (Srinagar) P.S. Case No. 493 of 2022 registered for the offences punishable under Sections 147, 149, 341, 342, 353, 332, 224, 504 and 506 of the Indian Penal Code.

3. The allegation against petitioner is to make out an escape of apprehended accused persons during the police raid and in course of occurrence also caused hurt to police personnel and also to deter them to discharge official duties.

Patna High Court CR. MISC. No.78635 of 2024(2) dt.18-01-2025 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that allegation against above named petitioner is very much general and omnibus without attributing any specific overt act and as he was neighbor of the apprehended accused persons, he was named in present case without having any connecting material. While concluding the argument, it is submitted that petitioner is a man of clean antecedents.

5. Learned APP for the State opposes the prayer of anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances, as petitioner appear to be part of mob only, let above named petitioner, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea/concerned Court, where the case is pending in connection with K.

Patna High Court CR. MISC. No.78635 of 2024(2) dt.18-01-2025 3/3 Nagar (Srinagar) P.S. Case No. 493 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T