Md. Tipu @ Md. Tippu @ Langrah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.969 of 2021 Arising Out of PS. Case No.-813 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== MD. TIPU @ MD. TIPPU @ LANGRAH, Son of Md. Shamshad, Resident of Mohalla- Jafarganj, Jehanabad, P.S.- Jehanabad in the district of Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 153A, 147, 148, 149, 302, 188 & 153 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case in brief is that on 11.10.2019 at about 11 am, the informant came at the house of Vishnu Kumar to inform him to not come out from the house. In the meanwhile about 100 people of Mohalla-Jafarganj and local vicinity under the leadership of Ex-Ward Parshad Md. Kalimuddin arrived at the house of Vishnu Kumar and out of them 2 to 4 persons pointed the pistol on Vishnu Kumar. The informant tried to rescue him but accused persons pushed him as a result of which he fell down on the ground and accused Golden fired on Vishnu Kumar and fled away. The informant claimed to identify 19

Patna High Court CR. MISC. No.969 of 2021(3) dt.06-04-2021 2/2 accused persons named in the FIR including the petitioner. The victim was admitted in Sadar Hospital, Jehanabad for treatment where the doctor declared him dead.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the member of the mob. There is no specific allegation against the petitioner and there is no overt act against the petitioner. There is specific allegation against the coaccused namely Golden who fired on the victim and fled away. The petitioner is languishing in judicial custody since 03.09.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Jehanabad P.S. Case No. 813/2019 to the satisfaction of learned Court below where the case is pending. (Anjani Kumar Sharan, J) amitkumar/- U T