Mohammad. Isshad @ Md. Tipu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61061 of 2025 Arising Out of PS. Case No.-289 Year-2024 Thana- GAYA KOTWALI District- Gaya ====================================================== Mohammad. Isshad @ Md. Tipu S/o Manjar Alam R/o Mohalla- Murarpur, P.S.- Kotwali, Dist- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Additional Chief Secretary, Department of Home, Government of Bihar, Patna. Bihar, Patna.

3.

The Director General of Police, Bihar, Patna. Bihar, Patna. 4.

The Inspector General of Police, Bihar, Patna. Bihar, Patna 5.

The Deputy Inspector General of Police, Patna Range, Patna. Patna Range, Patna.

6.

The Senior Superintendent of Police, Nalanda. Nalanda 7.

The Deputy Superintendent of Police, Nalanda, District - Nalanda District - Nalanda 8.

The Station House Officer of Sohsarai Police Station, District Patna. Sohsarai Police Station, District Patna 9.

The Child Welfare Committee (C.W.C.) through its Chairman, Biharsharif (Nalanda). Biharsharif (Nalanda).

10.

The Chairman, Child Welfare Committee (C.W.C.), Biharsharif (Nalanda). Biharsharif (Nalanda).

11.

Sajiya Perween Wife of Rajnish Kumar Resident of Village Khaje Etwar, Sohsarai, Police Station - Sohsarai, District - Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar, Adv.

:

Mr. Anunay Shahi, Adv.

:

Mr. Priya Ranjan, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, App.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-09-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Kotwali Police Station Case No. 289 of 2024,

Patna High Court CR. MISC. No.61061 of 2025(2) dt.10-09-2025 2/3 disclosing offences under Sections 386, 387, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the FIR, on 22.05.2024, at about 4 am, while the informant was going on his tractor to bring laborers, and no sooner than he reached near Mohalla Lal Baba, suddenly four persons tried to stop the tractor and when the informant did not stop the tractor, they fired upon the informant, however, bullet hit the silencer of the tractor. The informant has disclosed the name of four persons in the FIR who allegedly fired upon him.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of statement of the co-accused, Md. Haider. The petitioner is having no criminal antecedent. The informant in the FIR has disclosed the name of the persons who fired upon him. The petitioner's name was not disclosed at the time of recording the FIR.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is not named in the FIR and his name transpired on the basis of statement made by the co-accused named in the FIR, I am inclined to grant the petitioner privilege of

Patna High Court CR. MISC. No.61061 of 2025(2) dt.10-09-2025 3/3 anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Kotwali Police Station Case No. 289 of 2024, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

(Anil Kumar Sinha, J) HarshPandey/- U T