Md. Shahabuddin @ Md. Sahabuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20160 of 2025 Arising Out of PS. Case No.-33 Year-2020 Thana- KISHANPUR District- Supaul ====================================================== Md. Shahabuddin @ Md. Sahabuddin Son of Late Md. Sikandar Resident of Village - Kadampura, P.S.- Kishanpur, District - Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shahid Aqubal, Advocate For the Opposite Party/s :
Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kishanpur P.S. Case No. 33 of 2020 instituted for the offences under Sections 341, 323, 324, 447, 448, 354B, 307, 379, 504, 506, 34 of the IPC.
3. Prosecution case, in short, is that while the informant's husband was returning home, he was brutally assaulted and robbed by 20 accused persons who also disrobed the informant and looted their house. It is specifically alleged that this petitioner assaulted on the head of the informant's husband due to which he sustained injuries.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.20160 of 2025(2) dt.15-04-2025 2/3 petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. There is case and counter case between the parties. Learned counsel further submitted that there is no repeated blow of iron rod on the head of the informant's husband and, therefore, Section 307 of the IPC is not attracted against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.01.2025 and has no criminal antecedent. Learned counsel further submitted that several co-accused persons have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 12.01.2022 passed in Cr. Misc. No. 159737 of 2021.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, case and counter-case between the parties as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.20160 of 2025(2) dt.15-04-2025 3/3 below/concerned Court in connection with Kishanpur P.S. Case No. 33 of 2020.
(Rudra Prakash Mishra, J) Alok Verma/- U T