Md Abbas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27219 of 2025 Arising Out of PS. Case No.-174 Year-2024 Thana- MORKAHI District- Khagaria ====================================================== 1.
Md Abbas S/O Late Rajik @ Bouku Resident of Village- Sabalpur, P.S.- Morkahi, District- Khagaria 2.
Md. Amjad Hasmi @ Pappu S/O Late Halim Resident of Village- Sabalpur, P.S.- Morkahi, District- Khagaria 3.
Md Lallu S/O Halimuddin Resident of Village- Sabalpur, P.S.- Morkahi, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 39439 of 2025 Arising Out of PS. Case No.-174 Year-2024 Thana- MORKAHI District- Khagaria ====================================================== Md. Taj @ Taj Son of Late Shamshul Hoda @ Shamshul Resident of VillSabalpur, P.S.- Morkahi, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 27219 of 2025) For the Petitioner/s :
Mr. Parmatma Singh, Adv.
For the Opposite Party/s :
Mr. Umeshanand Pandit,APP Mr. Sandip Kumar Gautam, Adv.for Informant (In CRIMINAL MISCELLANEOUS No. 39439 of 2025) For the Petitioner/s :
Mr.Santosh Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Shyam Kumar Singh, APP Mr. Sandip Kumar Gautam, Adv.for Informant ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2025 Heard learned counsel for the petitioners, learned A.P.P for the State (in both cases) and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case registered for offence under Sections 115(2), 119(1), 126(2),
Patna High Court CR. MISC. No.27219 of 2025(3) dt.30-07-2025 2/3 308(2), 308(5), 303(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. Allegation against petitioners is that they alongwith other two co-accused persons demanded Rs. 50,000/-, as extortion, and committed theft of paddy and pesticides from the field of informant. Accused persons are also alleged to have assaulted informant with butt of pistol, iron rod and masket and took away some cash from the informant.
4. Learned counsel for the petitioners (in both cases) submits that petitioners are cousin of informant and have committed no offence. As a matter of fact, the genesis of occurrence is civil dispute and in order to settle civil dispute, this false and concocted case has been lodged. There is case and counter case between the parties
5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for anticipatory bail. Learned counsel for the informant submits that there is specific allegation against these petitioners of demanding extortion and assaulting informant and others. Besides this, petitioners (in both cases) have got criminal antecedents.
6. Considering the nature of accusation and criminal antecedent, both the aforesaid anticipatory bail petitions are
Patna High Court CR. MISC. No.27219 of 2025(3) dt.30-07-2025 3/3 dismissed.
(Prabhat Kumar Singh, J) anay U T