Md. Sadab @ Md. Shadab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58724 of 2022 Arising Out of PS. Case No.-198 Year-2022 Thana- BALIYA District- Begusarai ====================================================== 1.

MD. SADAB @ MD. SHADAB S/O MD. BAUHRU Resident of Chhoti Balia Mirdah Toli, Ward No- 7,P.S.- Balia, District- Begusarai. 2.

MD. NADIM @ MD. NADEEM S/O MD. SHAHIL Resident of Chhoti Balia Mirdah Toli, Ward No- 7,P.S.- Balia, District- Begusarai. 3.

MD. MISTER @ NOOR ALI S/O SHAIYAD ALI @ SHAIYAD ALI @ MD. SAYED Resident of Chhoti Balia Mirdah Toli, Ward No- 7,P.S.- Balia, District- Begusarai.

4.

MD. RAZA @ REYAZUL HAQUE S/O SHAIYAD ALI @ MD. SHAIYAD ALI @ MD. SAYED Resident of Chhoti Balia Mirdah Toli, Ward No7,P.S.- Balia, District- Begusarai. 5.

MD. SHAIYAD ALI @ SHAIYAD ALI @ MD. SAYED S/O MD. USMAN Resident of Chhoti Balia Mirdah Toli, Ward No- 7,P.S.- Balia, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar, Adv.

For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in a case registered for offence punishable u/s 341, 323, 307, 504 & 506/34 of IPC. Allegedly, the accused persons named in F.I.R. including the petitioners having iron pipe, rod, lathi, danda and sword came and started abusing the informant. They also assaulted her and her associates. Petitioner No.1 is said to have taken cash Rs.

Patna High Court CR. MISC. No.58724 of 2022(2) dt.22-12-2022 2/3 3000/- from the shop.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. There is general and omnibus allegation against all the petitioners to assault the informant and her associates and further damaged the articles of the shop of her devar. There is specific allegation of taking cash money Rs. 3000/- from the shop against Md. Shadab. But the allegation of taking the money is quite false. In course of occurrence altogether five persons sustained injury caused by hard and blunt substance and nature of injuries are simple. There is case and counter case between the parties. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is case and counter case between the parties., let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.58724 of 2022(2) dt.22-12-2022 3/3 below where the case is pending/Successor Court in connection with Balia P.S. Case No.198 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T