Md. Mustak v. The State Of Bihar
Case brief
What is this about?
Single judge order granting anticipation bail in a serious case involving sections 302 and 364 IPC, subject to surrender within four weeks on mill fine.
What did the court decide?
Petitioner granted release on bail of Rs 10,000 with two sureties on surrender within four weeks, subject to conditions under Section 438(2) Cr.P.C.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15753 of 2015
Arising Out of PS.Case No. -719 Year- 2014 Thana -KHAGARIA District- KHAGARIA ====================================================== Md. Mustak S/o Md. Israil @ Ijo Resident of Village Kutubpur, P.S. Muffasil, District Khagaria. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dharmendra Kumar Singh For the Opposite Party/s : Mr. Rita Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 3 02-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a cases registered under Sections 364, 379, 506, 302, 201/34 of the Indian Penal Code.
The prosecution story, in brief, is that for the occurrence dated 15.11.2014 at 7.30 P.M. the deceased Suman Kumar, son of the informant Susheela Devi proceeded on motor cycle from Vidyadhar to Ram Tola Kothiya but did not reach there. The informant tried to contact on mobile but in vain. It is also alleged that co accused Sikandar Sahni is a criminal and is on inimical term and his son along with his top associates had earlier threatened the informant to withdraw cases otherwise she would have to face dire consequences and also shown apprehension that
Patna High Court Cr.Misc. No.15753 of 2015 (3) dt.02-07-2015
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they would have disappeared her son. The motorcycle is also missing.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Further it has been submitted that the name of the petitioner has figured in course of investigation. Further it is submitted that there is no direct or indirect evidence against the petitioner regarding participation in commission of the offence under section 302 of the Indian Penal Code.
Issues for consideration
1 issue framed by the court
Whether the petitioner is eligible for release on bail based on absence of criminal antecedents and lack of direct evidence.
Parties & counsel
- applicant
Md. Mustak
- respondent
The State of Bihar
Coram
SUDHIR SINGH
Case details
As recorded by the court registry
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