Yusuf Ali @ Md. Yushuf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87608 of 2025 Arising Out of PS. Case No.-124 Year-2025 Thana- Gaura P.S. District- Saran ====================================================== Yusuf Ali @ Md. Yushuf Son of Basaruddin Ali Resident of village - Manjhawali, ps- Gaura,Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birmani Kumar, Advocate Santosh Kumar Yadav, Advocate For the Opposite Party/s :
Mr.Mohammad Sufyan, APP Mr. Dewendra Narayan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-03-2026 1.
Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2.
The petitioner seeks bail in a case registered for the offences punishable under Sections 126(2), 118(1), 109, 103, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita. 3.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is in custody since 1-7-2025 and charge-sheet has been submitted and from perusal of the allegations as alleged in the FIR, it would manifest that informant alleges that on 20-6-2025 at 7 pm, the accused persons including the petitioner came and petitioner caught hold the hand of Md. Ayub Khan (brother of the
Patna High Court CR. MISC. No.87608 of 2025(2) dt.11-03-2026 2/3 informant) and accused Tofik indiscriminately stabbed him leading to his death.
4.
Learned counsel for the petitioner submits that petitioner is not alleged to have assaulted the deceased. It is next submitted that no doubt it is alleged in the FIR that petitioner caught the hand of the deceased and Tofik stabbed him indiscriminately, but then the said allegation has been alleged only to implicate the petitioner in the instant case. It is also submitted that petitioner and the informant are related and are having dispute relating to land. It is next submitted that allegation of stabbing the deceased is against Tofik. It is further submitted that if petitioner is granted the privilege of regular bail, petitioner will not abscond rather will co-operate in the trial to prove his innocence.
5.
Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for bail of the petitioner, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that on account of dispute relating to land, the occurrence is alleged to have taken place and petitioner is not the assailant of the deceased.
6.
Considering the submission made by learned
Patna High Court CR. MISC. No.87608 of 2025(2) dt.11-03-2026 3/3 counsel for the petitioner, let the petitioner above named be released 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 the learned trial court where the case is pending/successor court in connection with Gaura P.S. Case No. 124 of 2025.
7.
One of the bailors of the petitioner shall be his father, Basaruddin.
8.
However, it is made clear that if the learned trial court comes to a conclusion that the petitioner after his release is trying to delay the framing of charge or after framing of charge is trying to delay the trial in any manner, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.
(Satyavrat Verma, J) Sumit/- U T