Mohammad Sahabuddin @ Sabba Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38031 of 2024 Arising Out of PS. Case No.-423 Year-2023 Thana- BHAGWAN BAZAR District- Saran ====================================================== 1.

Mohammad Sahabuddin @ Sabba Khan Son Of Mohamed Nizamuddin Khan 2.

Asif Khan, Son Of Sabba Khan Both Resident Of Mohalla- Nai Bazar, Ps- Bhagwan Bazar, Dist- Saran 3.

Harendra Rai Son Of Dularchand Rai Village- Bahuria Kothi Katra , PsBhagwan Bazar, Dist- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Srivastva, Advocate For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 188, 290, 153(A), 295, 295(A), 296, 337, 338, 307, 332, 333, 353, 427, 120(B) of the IPC and Section 9 of the Bihar Control of use and play of Loudspeaker Act in connection with Bhagwan Bazar P.S. Case No.423 of

Patna High Court CR. MISC. No.38031 of 2024(2) dt.04-07-2024 2/3 2023.

3. The learned counsel for the petitioners submit that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant who is Inspector-cum-Incharge, Bhagwan Bazar P.S. with an allegation that during immersion of the Idol of Goddess 'Durga' both community started pelting stones on each other when the procession reached near a Mosque.

4. Learned counsel submits that from perusal of the allegation as alleged in the FIR, it would manifest that the allegations are general and omnibus in nature.

5. The learned APP opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Ist, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No.423 of 2023, subject to the

Patna High Court CR. MISC. No.38031 of 2024(2) dt.04-07-2024 3/3 conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T