IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.831 of 2011 MD. NEHAL ALAM @ MD. NIHAL @ NIHADH Versus THE STATE OF BIHAR with Cr.Misc. No.1353 of 2011 MD. AJAD @ MD. EJAJ @ AJAD @ EJAJ @ FATHEH Versus THE STATE OF BIHAR 02/ 11.02.2011
Both the above stated petitions have arisen out of Araria
(R.S.) P.S. Case no. 370/2010 registered under sections 399, 402 of
the IPC, sections 25(I-B)A, 26,35 of the Arms Act and accordingly,
both the above stated petitions are being disposed of by this common
order.
Heard learned counsel for the petitioners as well as learned
P.P. for the State.
Allegedly, petitioners along with other accused persons had
assembled in medicine shop of petitioner in Cr. Misc. no. 831/2011 to
make preparation for committing dacoity but in the meantime, police
raided aforesaid medicine shop and arrested petitioners and some
other co-accused persons. Allegedly one magazine containing three
live cartridges were recovered from the conscious possession of
petitioner in Cr. Misc. no. 831/2011 whereas one automatic pistol
containing three live cartridges were recovered from the possession of
petitioner in Cr. Misc. no. 1353/2011.
Considering the above circumstances as well as detention
of petitioners in jail custody, petitioners (Md Nehal Alam @ Md Nihal
@ Nihadh and Md Ajad @ Md Ejaj @ Ajad @ Ejaj @ Fatheh) are
directed to be released on bail in connection with Araria (R.S.) P.S.
-2-
Case no. 370 of 2010 on furnishing bail bond of Rs 10,000-/ with two
sureties of the like amount each to the satisfaction of the Chief
Judicial Magistrate, Araria.
shahid (Hemant Kumar Srivastava,J)