Md. Khurshid @ Md. Khurshid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35803 of 2020 Arising Out of PS. Case No.-334 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== Md. Khurshid @ Md. Khurshid Alam Son of Md. Salim Resident Of Village - Bardah Mirjapur, P.S. - Mufasil, District - Munger ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr. APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 121/379/414/120B/34 of the Indian Penal Code, Sections 25(1-A)/25(1-AA)/25(1-B)a/26/35 of the Arms Act and Section 39 of the UAP Act. Submission is that the petitioner is not named in the FIR nor his name has surfaced in the evidence of any witness during trial. Only on the basis of some criminal cases pending against the petitioner, in the supervision note, the petitioner has been implicated in this case.

On the direction of this Court, learned counsel for the petitioner has produced a copy of the FIR of the cases disclosed

Patna High Court CR. MISC. No.35803 of 2020(6) dt.22-03-2021 2/2 in para-3 of the bail petition which shows that the petitioner is accused in only one case registered in the same police station. The petitioner is in custody since 01.07.2019. Considering lack of material against the petitioner for further detention as under trial prisoner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Muffasil P.S. Case No.334 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T