Md. Shahab @ Nabisher v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20044 of 2026 Arising Out of PS. Case No.-273 Year-2020 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

Md. Shahab @ Nabisher S/o Md. Shafique R/o Mohalla - Katarhiya, Ward No. 17, P.S - Sadar, District - Darbhanga.

2.

Md. Arman S/o Md. Yusuf @ Md. Ishub R/o Mohalla - Katarhiya, Ward No. 17, P.S - Sadar, District - Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mazharul Hassan, Advocate.

For the Opposite Party/s :

Mr. Ahmad Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-04-2026

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Sadar P.S. Case No.273 of 2020 instituted under Sections 353, 269/34 of the Indian Penal Code.

3. As per the prosecution case, the informant who is Nagar Manager of Nagar Nigam Darbhanga stated that some antisocial elements have blocked the drainage situated from Bairoliya Dabra to Katrahiya Mohalla and from the house of Durga Nand Ji to the house of Ganesh Jha due to which there was a problem of water logging. It is alleged that the Nigam tried to clear the drainage but the accused persons including the

Patna High Court CR. MISC. No.20044 of 2026(2) dt.15-04-2026 2/3 petitioners obstructed them with the help of crowd in discharging their official duty.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. He further submits that the petitioners have not blocked the drainage but are making demand for pakka drainage as the authorities after cleaning the drainage of rest of the area have stopped the said work near the house of petitioners and others due to which all rest water of drainage flow was stored at the Mohalla of petitioners. Learned counsel submits that petitioner no.1 has got clean antecedent and petitioner no.2 has one criminal antecedent which belongs to the dowry torture. Charge sheet after completion of investigation has already been filed. Petitioners undertake to cooperate in the trial of the case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties as well as the nature of allegation leveled against the petitioners, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.20044 of 2026(2) dt.15-04-2026 3/3 each with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga/ concerned Court in connection with Sadar P.S. Case No.273 of 2020, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ritik/- U T