Md. Soyab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48837 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- CHAUTHAM District- Khagaria ====================================================== Md. Soyab Son of Late Pachkauri Resident of village - Thuthi Mohanpur, P.S.- Chautham, District - Khagaria, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Section 115(2)/126(2)/191(2)/ 190/308(3)/352/351(2)/351(3) of the B.N.S. and Section 27 of the Arms Act.

3. As per F.I.R., on 17.03.2025 at about 10.00 P.M., the petitioner along with other accused persons came at the land of the informant armed with pistol and sticks and forcibly constructed a hut on his land and when the informant objected them, they surrounded him and abused him and this petitioner with the intention to kill fired upon the informant, but somehow, he managed to escape. It has further been alleged that the petitioner also demanded Rs 2 lacs as extortion.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case on account of

Patna High Court CR. MISC. No.48837 of 2025(2) dt.11-08-2025 2/3 land dispute between the parties for which Title Suit No. 26 of 2025 is pending before the Sub-Judge-I, Khagaria and Title Appeal No. 13 of 2025 is pending before the competent Civil Court. Counter case has been lodged by the side of the petitioner against the informant and others bearing Chautham P.S. Case No. 70 of 2025. He further submits that nobody sustained any fire-arm injury and the allegation of demand of extortion against the petitioner is false and fabricated.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Regards being had to the submissions made by the parties and taking into consideration the nature of allegation levelled against the petitioner and also the fact that there is land dispute between the parties for which Title Appeal is pending, I am inclined to grant anticipatory bail to the petitioner.

7. In view of the above, let the above named petitioner, in the event of arrest / surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria, in connection with Chautham P.S. Case No. 68/2025, subject to the conditions as

Patna High Court CR. MISC. No.48837 of 2025(2) dt.11-08-2025 3/3 laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023.

(Anil Kumar Sinha, J) Saif/- U T