IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.38650 of 2010
MD.MOOSA @ MUSTAFA
Versus
THE STATE OF BIHAR
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3 20.01.2011 Heard learned counsel for the petitioner as well as
learned counsel for the state.
Petitioner seeks his bail in connection with
Muzaffarpur Rail P. S. Case No. 70 of 2008 corresponding to
S.Tr. No. 88 of 2010 registered under section-395 of the Indian
Penal Code.
Petitioner is neither named in the FIR nor anything has
been recovered from his conscious possession. It appears from
perusal of impugned order that the name of the petitioner came
in this case in the confessional statement of co-accused
persons and subsequently, the petitioner also made his
confession before the police. Although learned counsel for the
state points out that this petitioner carries criminal antecedent
but considering this aspect of the matter that having similar
allegation, one co-accused, namely, Md. Tamanna @ Pappu
has already been granted privilege of bail by another bench of
this court vide order dated 23.12.2009 passed in Cr. Misc. No.
35744 of 2009 , the petitioner, namely, Md.Moosa @ Mustafa
is directed to be released on bail on furnishing bail bond of Rs
10,000/- (ten thousand) with two sureties of the like amount
each in connection with Muzaffarpur Rail P. S. Case No. 70 of
-2-
2008 corresponding to S.Tr. No. 88 of 2010 to the satisfaction
of Additional Sessions Judge,(F.T.C.-II), Muzafarpur.
It goes without saying that the conditions imposed
upon the co-accused, Md. Tamanna @ Pappu vide order dated
23.12.2009 passed in Cr. Misc. No. 35744 of 2009 shall apply
to the petitioner also.
AKV/- (Hemant Kumar Srivastava,J.)