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Patna High Court

Md RustamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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