Md. Naiyar Alam v. The State Of Bihar

Patna High Court Cr.Misc. No.30406 of 2015 (3) dt.30-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30406 of 2015 Arising Out of PS.Case No. -75 Year- 2015 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. Md. Imran @ Md. Imran Alam Son of Sk. Saijuddin Resident of Village Pani Ghatta,P.s Azamnagar, District Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.32420 of 2015 Arising Out of PS.Case No. -75 Year- 2015 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. Md. Naiyar Alam S/o Md. Sharif Resident of Village Naya Tola Pastiya, Police Station Azamnagar, District Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.30406 of 2015) For the Petitioner/s : Mr. Md. Musowir For the Opposite Party/s : Mr. Rajendra Singh Shastri Ji (App) (In Cr.Misc. No.32420 of 2015) For the Petitioner/s : Mr. Md. Qumrul Hoda For the Opposite Party/s : Mr. Anusaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 30.10.2015 Both the above stated petitions arise out of Azamnagar P.S. Case no. 75/2015 registered under sections 394, 307, 120B of the IPC 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 Addl. Public Prosecutor for the State.

Patna High Court Cr.Misc. No.30406 of 2015 (3) dt.30-10-2015 Petitioners are named in the first information report but according to the prosecution case itself, cash of the informant was snatched by unknown criminals. So far as petitioners are concerned, informant expressed his suspicion against them. No doubt, in course of investigation, some cash was recovered from possession of the petitioner in Cr. Misc. no. 32420/2015 but there is nothing on record to show that recovered cash was looted property.

Moreover, both petitioners do not have any criminal antecedent and are languishing in jail custody since long. Accordingly, petitioners are directed to be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Azamnagar P.S. Case no. 75/2015.

shahid (Hemant Kumar Srivastava,J) U T