Md. Kallu @ Toufiq Ahmad @ Toubique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48706 of 2022 Arising Out of PS. Case No.-71 Year-2020 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== MD. KALLU @ TOUFIQ AHMAD @ TOUBIQUE Son of Md Shamim @ Shamim R/V- Charyari, P.S- Sheikhpura, Dist- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Iqbal Asif Niazi For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State through video-conferencing. The petitioner has preferred this application for grant of regular bail in a case registered under sections 147, 148, 149, 448, 341, 323, 504, 354, 307, 379, 506 and 302 of the Indian Penal Code.

As per the prosecution case, the informant was sitting in her room, in the meantime the petitioner and the co-accused persons entered the room, abused her and snatched duppatta from her. On being objected, the co-accused Md. Chand

Patna High Court CR. MISC. No.48706 of 2022(2) dt.09-12-2022 2/3 attempted to fire on her which was missed. Then he assaulted on the head of the informant and due to which she fell down. When Md. Aslam, Md. Ahsanullah, Ziauddin and Md. Inamullah came to rescue, they were assaulted by the co-accused persons with lathi and danda on their heads. During the course of assault the co-accused Md. Chand snatched a golden chain from the informant.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is only a member of the mob. There is general and omnibus allegation against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.06.2022. Learned A.P.P. for the State as well as the learned counsel for the Informant have vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sheikhpura in connection with Shekhopur Sarai P.S. Case No. 71 of 2020.

Patna High Court CR. MISC. No.48706 of 2022(2) dt.09-12-2022 3/3 The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T