IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.82 of 2011
MD. NAUSHAD
Versus
THE STATE OF BIHAR
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02/ 02.02.2011 Heard learned counsel for the petitioner as well as learned
P.P. for the State.
Petitioner is languishing in jail custody since 24.7.2008 in
connection with Kazi Mohammadpur P.S. Case no.124/2003
registered under sections 392, 411/34 of the IPC and 25(I-B)A,26, 35
of the Arms Act.
Admittedly, petitioner was not arrested at the spot rather his
name surfaced in this case in the statement of co-accused Md Shakur
who was arrested at the spot and looted articles were recovered from
conscious possession of aforesaid co-accused Md Shakur. Except the
aforesaid materials, there is nothing against the petitioner. It would
appear from perusal of the impugned order that petitioner was charged
on 4.2.2009 but up till now not a single prosecution witness has come
forward to support the prosecution case.
Considering the facts and circumstances of the case as well
as detention of the petitioner in jail custody, the petitioner, Md
Naushad is directed to be released on bail in connection with Trial no.
1513/2010 arising out of Kazi Mohammadpur P.S. Case no. 124 of
2003 on furnishing bail bond of Rs 10,000/- with two sureties of the
like amount each to the satisfaction of Smt. Reshma Verma, Judicial
Magistrate, Ist Class, Muzaffarpur.
shahid (Hemant Kumar Srivastava,J))