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Mustafiz Alam @ Mustafiz v. The State of Bihar

Patna HC25 Mar 2019CR. MISC./1770/2019

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What is this about?

The High Court granted anticipatory bail to the petitioner for up to six weeks subject to depositing bail bonds and ensuring one surety is a local person with immovable property within the court's jurisdiction.

What did the court decide?

Petitioner released on bail bond of Rs.25,000 with two sureties within six weeks, subject to Section 438(2) CrPC conditions and local surety requirement.

Mustafiz Alam @ Mustafiz Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1770 of 2019

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Arising Out of PS. Case No.-2 Year-2018 Thana- SAHODARA District- West Champaran

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======================================================

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Mustafiz Alam @ Mustafiz, son of Malguzar Mian, Resident of Village – Parsauni, P.S. Sahodra, Dist. West Champaran

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Brij Kishor Mishra For the Opposite Party/s : Mr.Mustaque Alam ======================================================

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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4 25-03-2019

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Petitioner seeks bail in anticipation of his arrest in connection with Sahodra P.S. Case No. 02 of 2018, registered for the offences punishable under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.

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Allegation as per FIR is that accused persons, including the petitioner entered inside the Mosque and one coaccused Sheikh Sabbu fired at the deceased, causing his death.

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Submission of learned counsel for the petitioner is that FIR itself shows that allegation of firing is against Sheikh Sabbu and petitioner was not armed with any weapon and further co-accused Sheikh Julfikar has been granted privilege of anticipatory bail by a co-ordinate Bench of this Court in Cr.Misc.No. 42477 of 2018 vide order dated 20.7.2018.

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Heard learned APP and learned counsel for the

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Patna High Court CR. MISC. No.1770 of 2019(4) dt.25-03-2019 2/2

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informant, who has opposed the prayer for anticipatory bail on the ground that it is a case of pre-planned murder.

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Having heard both sides and in the facts and circumstances, let petitioner, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/(Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, West Champaran, Bettiah, in connection with Sahodra P.S. Case No. 02 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

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(Vinod Kumar Sinha, J)

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spal/-

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U T

Mustafiz Alam @ Mustafiz v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mustafiz Alam @ Mustafiz v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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