Abdul Rahman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50722 of 2025 Arising Out of PS. Case No.-201 Year-2024 Thana- Kurth District- Arwal ====================================================== Abdul Rahman S/o Md. Shahabuddin R/o Vill- Kodmarai, P.S.- Kurtha, DisttArwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Nirmala Kumari , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends his arrest in a case registered for the offence punishable under sections 103 (1) , 49 and 3(5) of BNS.
3 . The prosecution case in brief, is that on the alleged date and time of occurrence , all the accused persons including this petitioner were getting their house demolished by JCB machine . It is further alleged that when the father of informant
Patna High Court CR. MISC. No.50722 of 2025(2) dt.19-08-2025 2/3 instructed the JCB driver to take precaution , so that his wall could not be demolished, all the accused persons including this petitioner instructed to demolished the wall of the informant. It is further alleged that JCB driver demolished the wall as a result of which father of informant got crushed and during course of treatment father of informant died.
4. It is submitted on behalf of the petitioner that from bare of perusal of F.I.R. it is apparent that there is no allegation of assault against this petitioner. Petitioner has been made accused in this case due to land dispute between the parties. As per F.I.R. itself, the father of the informant himself got crushed under the wall due to which he died. There is no allegation of any overt act against this petitioner. Petitioner is not driver of JCB. Petitioner claims clean antecedent.
5 . Learned counsel for the State opposed the bail petition .
6 Considering the aforesaid facts, clean antecedent of the petitioner and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief
Patna High Court CR. MISC. No.50722 of 2025(2) dt.19-08-2025 3/3 Judicial Magistrate Arwal in connection with Kurtha P.S. Case No. 201 of 2024 , subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J) Koushik/- U