Md. Tausif @ Md. Tausif Ali @ Fuccho v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33958 of 2021 Arising Out of PS. Case No.-101 Year-2020 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== MD. TAUSIF @ MD. TAUSIF ALI @ FUCCHO S/O MANNOBIR SULTAN @ MONAWWAR ALI @ MIAN BHAI R/O MOHALLA-SAIDA MARKET, SAHADAT HUSSAIN LANE, NEAR MUSAFIR KHANA, RAILWAY GUMTI, TATARPUR, P.S-TATARPUR, DISTRICT-BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Jha- Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Mojahidpur P. S. Case No.101 of 2020, instituted for the offences under Sections 341, 323, 379, 385, 307, 506/ 34 of the Indian Penal Code and Section 27 of the Arms Act. The learned counsel for the petitioner submits that the petitioner is in custody since 06.01.2021 and charge-sheet has been submitted in this case.

The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the same does not inspire any confidence and prima facie appears that a false case has been instituted to

Patna High Court CR. MISC. No.33958 of 2021(2) dt.01-12-2021 2/3 implicate the present petitioner merely for the reason that petitioner has two criminal antecedents.

Learned counsel for the petitioner submits that the informant alleges that on 15.05.2020 at about 8.00 P.M., the informant was coming home then suddenly co-accused Md. Chotu, Md. Imran @ Murga and this petitioner came riding on a motorcycle and abused the informant by taking his name and took out arms, then the informant turned his motorcycle and tried to flee away, but the said accused persons caught the informant and struck on his face as a result of which, the informant got injured. Thereafter other accused persons fired bullet, but the informant somehow fled away and saved his life. Thereafter family members of the informant went to the house of the accused namely, Md.

Chotu for asking as to why he committed the occurrence and on seeing the brother of the informant, the accused persons started firing indiscriminately and demanded rangdari and took Rs.5000/- from the pocket of the informant's cousin and he was also assaulted.

Patna High Court CR. MISC. No.33958 of 2021(2) dt.01-12-2021 3/3 only is only to counter the counter-case which has been instituted by wife of co-accused Md. Chhotu.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 06.01.2021 and charge-sheet has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur in connection with Mojahidpur P. S. Case No.101 of 2020. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T