Shahwaz Alam @ Md. Shahwaz @ Babul v. The State Of Bihar

Patna High Court Cr.Misc. No.24404 of 2015 (2) dt.16-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24404 of 2015 Arising Out of PS.Case No. -58 Year- 2014 Thana -JOKIHAT District- ARRARIA ======================================================

1. Shahwaz Alam @ Md. Shahwaz @ Babul. S/o Tajuddin. Resident of Village - Raharia, P.S.- Jokihat, District - Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s Mr. S.M. Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 16.07.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

The alleged recovery is said to have been made from the beneath the bed of the petitioner but admittedly, petitioner was not caught on the spot nor the aforesaid recovery was made in presence of the petitioner. Furthermore, seizure list also does not bear the signature of family member of the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Araria in Jokihat P.S. Case no. 58/2014. shahid (Hemant Kumar Srivastava,J) U T