Md. Mushtakim @ Md. Mustaquim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86070 of 2025 Arising Out of PS. Case No.-821 Year-2025 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.
Md. Mushtakim @ Md. Mustaquim Son of Late Abdul Sattar Resident of Village- Sahdullahpur, Malighat, Ward no 12, P S -Ahiyapur, District -Muzaffarpur 2.
Hannaj Begam wife of Md. Mushtakim @ Md. Mustaquim Resident of Village- Sahdullahpur, Malighat, Ward no 12, P S -Ahiyapur, District -Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Sanjay Kumar S.K., Advocate For the State :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-01-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 333, 75, 303(2), 115(2), 76, 352, 126(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that on 12.06.2025 at about 9:30 PM, co-accused Fayyaz Ahmad came, started pulling the clothes of informant and attempted to rape her and assaulted her. It is further alleged that in the meantime, these petitioners came and snatched jewellery and cash from the
Patna High Court CR. MISC. No.86070 of 2025(2) dt.07-01-2026 2/3 informant.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of assault and overt act is against co-accused Fayyaz Ahmad. So far as these petitioners are concerned, they are only alleged to have snatched jewellery and cash from the informant, which are supper-addition and there is absolutely no allegation of assault or any other overt act against them. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur
Patna High Court CR. MISC. No.86070 of 2025(2) dt.07-01-2026 3/3 in connection with Ahiyapur P.S. Case No. 821 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T