IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37078 of 2009 MD.MUSLIM KHAN @ MD.MUSLIM . Versus THE STATE OF BIHAR . ----------- 2 29.10.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Complaint Case No. 127-C(B)/80 registered under Sections 148 and 302 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioner submits that save and except that his name appears in the body of the complaint nothing specific has been attributed to him in the entire complaint petition and omnibus allegation has been made about all of them. Learned counsel for the petitioner further submits that by reason of the said statement he continues to be in custody in the present proceeding. Learned counsel further submits that one of the main accused who had been alleged to have shot one Hariballabha Yadav, was A.S.P., Safi Alam has been acquitted of the charges by the trial court vide judgment dated 16.01.2007. Learned counsel further submits that petitioner had no 2 knowledge regarding this case at all and has been languishing in Jail custody since 04.04.2009. Having regard to the facts and circumstances of the case, let the petitioner, Md. Muslim Khan @ Md. Muslim, be enlarged on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Khagaria in connection with Complaint Case No. 127-C(B)/80, subject to conditions that the petitioner would be attending the court on every date unless a reasonable explanation to that effect is given. It would be open to the court below to take him in custody in case the petitioner defaults on two consecutive dates and does not cooperate with the trial without reasonable explanation. Bibhash (Jyoti Saran, J. )