IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28880 of 2011 Md. Shahabuddin Versus The State Of Bihar ---------------------------------- 4 04-11-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 28-02-2011 in connection with Barhariya P.S. Case No. 82 of 2004 registered under Sections-302, 364/34 of the Indian Penal Code and 27 of the Arms Act. The above-said case was registered against unknown persons in the year, 2004 and in course of investigation, one, Shashikant Manjhi was arrested and the aforesaid co-accused confessed his guilt naming the petitioner as one of the conspirators of the crime and accordingly, the petitioner was remanded in this case. Learned counsel appearing for the petitioner submits that the aforesaid co-accused, Shashikant Manjhi and some other co-accused persons were put on trial in Sessions Trial No. 307 of 2008 and subsequently, they were acquitted by learned Additional Sessions Judge, Fast Track Court No.-IV, Siwan vide judgment dated 29-01-2010. It is further contended by him that except suspicion, no cogent material has been collected by the I.O. in course of investigation against the petitioner. On the otherhand, leaned Additional Public Prosecutor vehemently opposed the prayer for bail of the petitioner - 2 - submitting that the petitioner is a dreaded criminal of the locality and no one has come forward to depose against the petitioner. Considering the facts and circumstances as well as materials available in the case diary, I direct the petitioner, namely, Md. Shahabuddin to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Barhariya P.S. Case No. 82 of 2004 to the satisfaction of Chief judicial Magistrate, Siwan. AKV/- (Hemant Kumar Srivastava,J.)