MD. RUSTAM @ MINU Vs. STATE OF BIHAR

JUDGEMENT

(1.) There is a common relief sought for in both these applications filed under Sec. 439 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code'), seeking cancellation of anticipatory bail of one Md. Ekbal @ Mister, granted by this Court, by an order, dated 29.03.2012, passed in Criminal Misc. No. 39834 of 2011.

(2.) Criminal Misc. No. 17775 of 2017 has been filed on behalf of the State of Bihar, whereas, Criminal Misc. No. 17470 of 2015 has been filed by one Md. Rustam @ Minu.

(3.) The main ground, which has been taken in these applications for cancellation of anticipatory bail, is that said Md. Ekbal @ Mister is a history-sheeter and is an accused in one-and-a-half dozen of cases of serious nature. At the time of consideration of anticipatory bail application filed by Md. Ekbal @ Mister, his criminal antecedent report was called for by this Court. An antecedent report was submitted by the District Police of Bhagalpur, showing that the said Md. Ekbal @ Mister had no criminal antecedent at all. Considering the said report to be correct, this Court, while, observing as follows, granted said Md. Ekbal @ Mister anticipatory bail by order, dated 29.02012:-