Md. Yusuf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62251 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- TARABARI District- Araria ====================================================== 1.

MD. YUSUF Son of Ghotan Resident of Village - Baturbari, Ward No. 12, P.S.- Tarabari, Distt - Araria.

2.

Md. Murshid @ Murshid Ahmed Son of Md. Yusuf Resident of Village - Baturbari, Ward No. 12, P.S.- Tarabari, Distt - Araria. 3.

Khurshid Son of Md. Yusuf Resident of Village - Baturbari, Ward No. 12, P.S.- Tarabari, Distt - Araria.

4.

Bibi Mazida @ Mazida Wife of Md. Yusuf Resident of Village - Baturbari, Ward No. 12, P.S.- Tarabari, Distt - Araria.

5.

Rehan @ Pintoo Son of Md. Yusuf Resident of Village - Baturbari, Ward No. 12, P.S.- Tarabari, Distt - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-10-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Tarabadi P.S. Case no. 112 of 2019, registered under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 379, 354, 504 and 506 of the Indian Penal Code. The accusation is that on 21.07.2019 when informant Khurshid Alam was going to take fuel, in the way, five persons named in the F.I.R., including the petitioners,

Patna High Court CR. MISC. No.62251 of 2019(2) dt.21-10-2019 2/3 stopped the informant and started abusing him. At that time, Khurshid (Petitioner No.3) gave Farsa blow at the back of his head and he fell down from his motorcycle. At that time, petitioner No.3, again, caused injury at the forehead of informant. When family members of the informant rushed there, in rescue, then they were also assaulted. At that time, petitioner No.1 Md. Yusuf snatched cash of Rs. 19500/- from the pocket of the informant.

Learned counsel for the petitioners submits that occurrence of Marpit took place due to petty dispute in which petitioners side also sustained injuries regarding which Tarabadi P.S. Case No. 117 of 2019 was instituted on the basis of fardbeyan of Arshadi, daughter of petitioner No.1. Moreover, the injuries as found on the person of informant and his other family members are simple in nature. On the other hand, learned counsel appearing on behalf of informant submits that petitioners have criminal antecedents.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail

Patna High Court CR. MISC. No.62251 of 2019(2) dt.21-10-2019 3/3 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Araria in connection with Tarabadi P.S. Case No. 112 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T