Md. Naushad @ Koko v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49176 of 2014 Arising Out of PS.Case No. -30 Year- 2014 Thana -KASIMBAZAR District- MUNGER ====================================================== MD. NAUSHAD @ KOKO Son of Md. Shafique Resident of Village - Mirzapur Bardah, Police Station - Muffasil, District - Munger . .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Harun Quareshi, Advocate For the Opposite Party/s : Md. Mushtaque Alam (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 27-04-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in a case for the offence punishable under Sections (1-a) a, 25(1-b) a, 25(1-c) a, 26 (i) (ii) (iii)/35 of the Arms Act and Sections 17/20 of the Unlawful Activities (Prevention) Act, 1967. It is submitted that the petitioner was not apprehended on the spot. The names of the petitioner and others have appeared in the confessional statement of the co-accused Md. Imtiaz. The petitioner has also criminal antecedent in which he has been released on bail. In the similar facts and circumstances, the other accused have been granted bail. Co-accused Md. Sarfaraz, Md. Shabbir and others have been granted bail.
Learned counsel for the State submits that Md. Sarfaraz has no criminal antecedent whereas the petitioner has criminal antecedent.
Considering the facts and circumstances of this
Patna High Court Cr.Misc. No.49176 of 2014 (2) dt.27-04-2015 2/2 case, the above-named petitioner 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 to the satisfaction of the learned Judicial Magistrate, Ist Class, Munger, in Kasim Bazar P. S. Case no. 30 of 2014 after framing of charge with the following conditions :
1. One of the bailors will be the close relative of the petitioner.
2. The petitioner will not indulge in similar or in any other offence.
3.
The petitioner will be well represented in the court.
4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned. (Amaresh Kumar Lal, J) sudip/- U T