Md. Mustak @ Md. Mustaque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3616 of 2024 Arising Out of PS. Case No.-222 Year-2017 Thana- BODHGAYA District- Gaya ====================================================== 1.
Md. Mustak @ Md. Mustaque Son of Jahir Alam R/o vill - Pachhatti, P.S. - Bodh Gaya, Distt. - Gaya 2.
Mukesh Chaudhary Son of Mathura Chaudhary R/o vill - Pachhatti, P.S. - Bodh Gaya, Distt. - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :
Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for bail in connection with Bodhgaya P.S. Case No. 222 of 2017 instituted for the offence under Section 30(a) of the Indian Penal Code.
3. It is a case of misuse of the privilege of bail by the petitioner. The present case was registered in year of 2017 thereafter, the petitioners were enlarged on bail by different coordinate benches but due to their non-appearance in trial, their bail bond was cancelled by concerned court on 5.10.2023.
4. It is submitted by learned counsel for the petitioners that the petitioners have not misused the privilege of bail
Patna High Court CR. MISC. No.3616 of 2024(2) dt.31-01-2024 2/2 deliberately. The petitioners have surrendered voluntarily before court below on 31.10.2023 only after 27 days delay from cancellation of their bail bond. The petitioners are languishing in judicial custody since 31.10.2023.
5. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Bodhgaya P.S. Case No. 222 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court No.1 of Exclusive Special Excise, Gaya. (Sunil Kumar Panwar, J) Amandeep/- U T