Patna High Court
Md RustamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioner is entitled to regular bail on the condition of furnishing a bail bond and sureties.
Summary
The petitioner, Md Rustam, filed a regular bail application after being in custody since 21 March 2024. His earlier bail plea was rejected on 19 December 2024. Counsel highlighted that a co‑accused, Md Talim, with similar charges had been granted bail on 19 September 2025, and emphasized Rustam's clean antecedent. The informant opposed the bail, but the court considered the lengthy custody and the petitioner’s clean record. Accordingly, the court ordered that Rustam be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to the satisfaction of the Additional Sessions Judge‑V, Muzaffarpur.
Issues considered
- Whether the petitioner is entitled to regular bail despite the earlier rejection of his bail application
- Whether the grant of bail to a co‑accused with similar allegations influences the petitioner's bail eligibility
- Whether the petitioner’s clean antecedent and prolonged custody justify bail
Subjects
- regular bail
- clean antecedent
- custody period
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76735 of 2025
Arising Out of PS. Case No.-294 Year-2023 Thana- BOCHAHAN District- Muzaffarpur
======================================================
Md Rustam S/o Md. Jabbar R/o Village- Hasan Chak Bangra, Police Station-
Sadar, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar S.K., Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P.
For the Informant : Mr. Priyesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner, informant
and the learned A.P.P. for the State.
2. Earlier, the regular bail application of petitioner
was rejected vide order dated 19.12.2024 passed in Cr. Misc.
No. 62493 of 2024.
3. Learned counsel for the petitioner submits that co-
accused Md. Talim, having similar allegation, has already been
granted regular bail by this Hon’ble Court vide order dated
19.09.2025 passed in Cr. Misc. No. 51745 of 2025. Petitioner
claims clean antecedent and is in custody since 21.03.2024.
5. Learned counsel for the informant vehemently
opposed the bail application.
6. Considering backdrop of the case, period of
Patna High Court CR. MISC. No.76735 of 2025(2) dt.09-01-2026
2/2
custody and clean antecedent, the petitioner, above named, is
directed to be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Sessions
Judge-V, Muzaffarpur in connection with Session Trial No. 508
of 2024 arising out of Bochachan P. S. Case No. 294 of 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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