IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35854 of 2010
FAROOKH AZAM, SON OF MD. SHARIF ANSARI
Versus
THE STATE OF BIHAR
with
Cr.Misc. No.45021 of 2010
OJAIR ALAM, SON OF MD. SHARIF ANSARI
Versus
THE STATE OF BIHAR
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04 21.01.2011 Both the above stated Cr. Misc. Cases have arisen out of
Mohammadpur P.S. Case No. 67 of 2010 registered under Sections
395/120 (B) of the Indian Penal Code and, accordingly, both the above
stated Cr. Misc. Cases are being disposed of by this common order.
Heard learned counsel for the petitioners as well as
learned Public Prosecutor for the State.
Petitioners are not named in the First Information Report
but, in course of investigation, it came to light that petitioners had
conspired along with one Hakimullah Ansari in committing the alleged
crime and subsequently, it is stated that the looted cash was recovered
from the houses of the petitioners.
Learned counsel for the petitioners submits that there is
nothing on the entire case diary to show this fact that the recovered cash
was looted property.
On the other hand, learned counsel appearing for the
informant, submits that the above stated looted cash had been recovered
on the basis of confessional statement, made by petitioner in Cr. Misc.
No. 45021 of 2010. He further submits that in course of investigation, it
came to light that the petitioners were in constant touch on mobile with
the above stated co-accused Hakimullah Ansari.
2
Admittedly, petitioners do not have any criminal
antecedent, which is evident from the report of Superintendent of
Police, Gopalganj.
Considering the aforesaid facts and circumstances as
well as submissions of the parties above named petitioners are directed
to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the satisfaction
of Chief Judicial Magistrate, Gopalganj in connection with above stated
Mohammadpur P.S. Case No. 67 of 2010.
Shahzad (Hemant Kumar Srivastava, J)