Md. Yusuf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21910 of 2019 Arising Out of PS. Case No.-22 Year-2016 Thana- NAUGACHHIYA RAIL P.S. DistrictKhagaria ====================================================== MD. YUSUF, aged about 50 years (Male), Son of Md. Iliyas, R/o- Baisi Jahangirpur, P.S.- Rangara, O.P., District- Bhagalpur. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Chandan Kumar Kashyap, Advocate.

For the Opposite Party :

Mr.Sucheta Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-05-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 18.08.2018 in the present case in a case for the offence registered under Section 380 of the I.P.C. Later on, Section 411 of the IPC was also added.

The prosecution story, in brief, is that on 15.06.2017 during course of travelling by Train, one person aged about 30 to 35 years snatched the lady purse of his wife containing Rs. 5500, A.T.M. Cards, I. Card, Ration Card, Mobile set, spectacle and fled away.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.21910 of 2019(2) dt.08-05-2019 2/2 present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The petitioner is not named in the F.I.R. His name has come on the basis of confessional statement of co-accused Deepak Kumar Yadav. There is no substantive evidence to suggest the implication of the petitioner in the present case. The petitioner has remained in custody for more than six months. Other co-accused Deepak Kumar Yadav has been granted bail by the learned court below itself vide B.A. No. 518 of 2017 order dated 17.06.2017.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Rail, Khagaria, in connection with Naugachhiya Rail P.S. Case No. 22 of 2016.

U.K./- (Sudhir Singh, J) U T