Md. Yunus v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16087 of 2020 Arising Out of PS. Case No.-112 Year-2019 Thana- BALIA BELON District- Katihar ====================================================== MD. YUNUS Son of Kuhran Ali Resident of Kursel, Sishiya, P.S.-Kadwa, District-Katihar.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Sanjeev Kumar Singh, Advocate.

For the State :

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner seeks bail in connection with Balia Belon P.S. Case No.112 of 2019 registered under Section 392 of the Indian Penal Code.

The accusation is that on 29.09.2019, the informant Ajfarul, after collecting the money, was returning with the vehicle. When he reached with the vehicle at Pachganchchi Dam, then saw that three persons were trying to overtake his vehicle and, in the meantime, two persons came near his vehicle and fired at the window of the gate of the vehicle and snatched cash Rs.2,50,000/-, contained in the bags. The persons, who made firing and snatched the money, were identified by the informant as Md. Yunus (petitioner) and Md. Javed. Since the informant used to go to Kursel, due to that reason,

Patna High Court CR. MISC. No.16087 of 2020(2) dt.05-06-2020 2/2 the informant identified both the persons.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is known to the informant and due to grudge, the petitioner and Md. Javed have falsely been implicated in this case. Further submission is that the petitioner is in custody since 14.01.2020 and the similarly situated co-accused Md. Javed has already been granted the privilege of bail by a Coordinate Bench of this Court vide order dated 14.01.2020 passed in Criminal Misc. No.1704 of 2020.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in connection with Balia Belon P.S. Case No.112 of 2019. Out of the two sureties, one must be either parents or the close relative of the petitioner. (Rajendra Kumar Mishra, J) P.S./- U T