Md. Shahabuzzama @ Shahabuzzama @ Laddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55362 of 2015 Arising Out of PS.Case No. -60 Year- 2013 Thana -AMAUR District- PURNIA ====================================================== Md. Shahabuzzama @ Shahabuzzama @ Laddu, son of Md. Badiuzzama, Resident of Village- Barbatta, Police Station- Amour, District- Purnia. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : M/s.Krishna Prasad Singh, Senior Advocate & Z. Hoda, Advocate.

For the State : Mr. Dr .Ajeet Kumar (APP). For the Informant : Mr. Kamal Nayan Choubey, Senior Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 11-01-2016 Heard learned senior counsel for the petitioner and the learned A.P.P. for the State as also the learned senior counsel for the informant.

The petitioner seeks bail in connection with Amour P.S. Case No.60 of 2013 registered under Sections 436 and 427/34 of the Indian Penal Code.

The allegation of the informant, Md. Ghulam Azhar, is that in the night of 11/12.04.2013, he received information at Purnea about burning of his house through mobile. Then he proceeded from Purnea and reached after three hours at his house and found that three godowns, in which Shisam Wood and grains

Patna High Court Cr.Misc. No.55362 of 2015 (2) dt.11-01-2016 2/2 total worth Rs.5,00,000/- had been kept, burnt to ashes. The neighbours of the informant informed him that the petitioner alongwith 8-10 others set his house on fire.

Learned senior counsel appearing on behalf of the petitioner submits that the petitioner and the informant are cousin brothers and series of litigations in between them are pending. The police on investigation submitted the final form against the petitioner but the learned Chief Judicial Magistrate, Purnea, took the cognizance of the offence against the petitioner under Section 436 and 427 of the Indian Penal Code from perusal of the materials available on the record. The petitioner is in custody since 08.10.2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to 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 Chief Judicial Magistrate, Purnea, in connection with Amour P.S. Case No.60 of 2013.

(Rajendra Kumar Mishra, J) P.S./- U T