IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.82 of 2011 MD. NAUSHAD Versus THE STATE OF BIHAR ----------- 02/ 02.02.2011 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner is languishing in jail custody since 24.7.2008 in connection with Kazi Mohammadpur P.S. Case no.124/2003 registered under sections 392, 411/34 of the IPC and 25(I-B)A,26, 35 of the Arms Act. Admittedly, petitioner was not arrested at the spot rather his name surfaced in this case in the statement of co-accused Md Shakur who was arrested at the spot and looted articles were recovered from conscious possession of aforesaid co-accused Md Shakur. Except the aforesaid materials, there is nothing against the petitioner. It would appear from perusal of the impugned order that petitioner was charged on 4.2.2009 but up till now not a single prosecution witness has come forward to support the prosecution case. Considering the facts and circumstances of the case as well as detention of the petitioner in jail custody, the petitioner, Md Naushad is directed to be released on bail in connection with Trial no. 1513/2010 arising out of Kazi Mohammadpur P.S. Case no. 124 of 2003 on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Smt. Reshma Verma, Judicial Magistrate, Ist Class, Muzaffarpur. shahid (Hemant Kumar Srivastava,J))