CR. MISC./41986/2010 of MD.RUSTAM Vs STATE OF BIHAR on 22 December 2010

IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41986 of 2010

MD.RUSTAM Versus STATE OF BIHAR ------------

02. 22.12.2010

Petitioner is languishing in custody since 21.02.2010 in a case registered under Sections 399/402 of the I.P.C. and Sections 25(1-b)A 26/35 of the Arms Act.

From the possession of the petitioner, one country made pistol and two cartridges were recovered.

It is submitted by learned counsel for the petitioner that similarly situated accused person Amit Kumar Paswan has been granted bail by this Court vide Cr. Misc. No. 30078 of 2010 who has also serious criminal history like the petitioner.

Earlier the application for grant of bail to the petitioner was rejected on 11.08.2010 with the observation ‘at present’.

Considering the fact that similarly situated accused person has been granted bail, let the petitioner namely Md. Rustam, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J., F.T.C.-III, Munger in connection with Munger Kotwali P.S. Case No. 75 of 2010.

Learned Court below will be at liberty to cancel the bail bond of the petitioner, if the petitioner gets involved in similar kind of case or if he fails to appear on three consecutive dates.

Shageer

(Dinesh Kumar Singh, J)