Md. Shahabuddin @ Md. Shahabuddin @ Kailu @ Md. Sahab @ Kelu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62776 of 2024 Arising Out of PS. Case No.-36 Year-1997 Thana- MUNGER MUFFASIL District- Munger ====================================================== Md. Shahabuddin @ Md. Shahabuddin @ Kailu @ Md. Sahab @ Kelu Son of Md. Israyel Village- Mirjapur Bardah, P.S.- Muffasil, Distt.- Munger. At Present R/at JAP-4, P.S.- Sector-12, Dist.- Bokaro, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Sinha, Advocate.

For the Opposite Party/s :

Mr.Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-01-2025 Heard Mr. Diwakar Sinha, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Muffasil P.S. Case No. 36 of 1997 registered for the offence punishable under Sections 147, 148, 341, 324 and 307 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., on the order of the petitioner, other accused persons assaulted the informant by means of lathi, danda and khanti.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has been falsely implicated in the case due to local dirty village politics. The petitioner had no knowledge about the instant case

Patna High Court CR. MISC. No.62776 of 2024(4) dt.29-01-2025 2/2 and when he came to know about the present case he moved the learned court below for grant of anticipatory bail. Petitioner is said to be order giver. Petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Munger in connection with Muffasil P.S. Case No. 36 of 1997, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T