IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8912 of 2009 1. MD.MUZAFFAR @ MUZAFFAR, SON OF MD. ZAHIR @ MD. ZAHIRUDDIN, RESIDENT OF ZERO MILE GULAB BAGH, POLICE STATION-SADAR, DISTRICT-PURNEA. 2. SARFARAJ @ MD. SARFARAJ, SON OF IDRIS, RESIDEN OF VILLAGE BUWARI, P.S. SADAR(DAGARUA), DISTRICT- PURNEA. ………………………………………………………….PETITIONERS. Versus THE STATE OF BIHAR…………………………OPPOSITE PARTY. ----------- For the Petitioners : Mr. Md. Najmul Hoda, Advocate. For the State : Mr. Nirbhay Kumar Singh, A.P.P. --------------- 2. 8.5.2009. The two petitioners, Md. Muzaffar alias Muzaffar and Sarfaraj alias Md. Sarfaraj, are F.I.R. named accused of Sadar (Dagarua) P.S. Case No.110 of 2008 and are in custody in connection therewith. It appears that certain arms and ammunitions were recovered from the possession of co-accused, Md. Mohsin, who is alleged to have disclosed the name of these petitioners as those who had fled away. It is true that the petitioners have criminal antecedents but that cannot be a reason for detaining them more so when their names cropped up in the confessional statement of co-accused. The situation at hand is that co-accused Md. Mohsin from whose possession recoveries were made has already been enlarged on bail vide order dated 16.12.2008 passed in Criminal Misc. No.47795 of 2008. In the facts and the circumstances of the case, the petitioners, namely, (1) Md. Muzaffar @ Muzaffar and (2) Sarfaraj @ - 2 - Md. Sarfaraj, are directed to be released on bail on each of them furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Sadar(Dagarua) P.S. Case No.110 of 2008. P.S. (Abhijit Sinha,J)