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Patna High CourtCR. MISC./67118/2018disposed

Md. Nausad @ Naushad v. The State Of Bihar

2018-11-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67118 of 2018 Arising Out of PS. Case No.-281 Year-2018 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== MD. NAUSAD @ NAUSHAD, Son of Md. Hakim, Resident of VillageMadhawi, P.S.- Saraiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nachiketa Jha For the Opposite Party/s :

Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-11-2018 The petitioner seeks regular bail in connection with Sahebganj P.S. Case No. 281 of 2018, registered for offences punishable under Sections 399, 402, 414 of the Indian Penal Code, Sections 25(1-b)a, 26, 35 of the Arms Act and Section 8/20(b)(ii) (B) of N.D.P.S. Act.

Allegation as per F.I.R. is that on information police reached at the place where some miscreants plan to commit dacoity and arrested petitioner and other accused persons and from petitioner one country made loaded pistol, one mobile phone, cash of Rs.10,000/- and one motorcycle without number plate was recovered from the possession of the petitioner. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and having no criminal antecedents and he is in judicial custody since

Patna High Court Cr.Misc. No.67118 of 2018(2) dt.27-11-2018 2/2 29.07.2018.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, at this stage, I am not inclined to grant bail to the petitioner. However, once the charge is framed against the petitioner or petitioner completes six months in judicial custody, he shall be released on bail by the concerned court below to his own satisfaction.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Sunilkumar/ Amjad/- U T