Md. Yusuf Mister @ Mister v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61839 of 2021 Arising Out of PS. Case No.-173 Year-2020 Thana- ROSHANGANJ District- Gaya ====================================================== MD. YUSUF MISTER @ MISTER S/o Md. Naim Resident of VillageSalempur, P.S.- Gaya Muffasil, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Raushanganj P.S. Case no. 173 of 2020 instituted for the offence under Sections 393, 324, 307/34 of the Indian Penal Code. As per allegation in the FIR, informant is a driver of a pickup van and brings vegetable from Jharkhand to Gaya Sabzi Mandi. After delivering vegetables, he was paid Rs. 48,000/- from shopkeeper Md. Jahagir. then informant along with petitioner (khalashi) started to proceeded ahead. When he reached near Sikaria Mor, one of the petitioner's friend Md. Tafish came there and sat on the said pickup van and in the midway, petitioner and his friend caught hold the informant and tried to snatch his money. On protest, both attacked upon him resulting into several injuries on neck and

Patna High Court CR. MISC. No.61839 of 2021(3) dt.11-07-2022 2/2 hand. Anyhow, informant managed to save his life. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Specific allegation of assault is against Md. Tafish. Nothing has been recovered from conscious possession of the petitioner. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Raushanganj P.S. Case no. 173 of 2020, he will be enlarged 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 learned Additional Session Judge, 1st Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U