Shahabuddin @ Sahabudin Miyaan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61014 of 2025 Arising Out of PS. Case No.-534 Year-2025 Thana- SONEPUR District- Saran ====================================================== 1.
Shahabuddin @ Sahabudin Miyaan S/o Late Shakur Miya @ Sakur Miyaan R/o Village- Bharpura, PO and P.S- Sonepur, District- Saran, Bihar 2.
Tamanna Khatun @ Tamanna Khatoon D/o Shahabuddin @ Sahabudin Miyaan R/o Village- Bharpura, PO and P.S- Sonepur, District- Saran, Bihar 3.
Shamima Khatun @ Shamima Vegam W/o Shahabuddin @ Sahabudin Miyaan R/o Village- Bharpura, PO and P.S- Sonepur, District- Saran, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saket Anand, Advocate Mr. Danish Sami, Advocate For the Opposite Party/s :
Mr. Surendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-09-2025 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail, arises out of Sonepur Police Station Case No. 534of 2025, disclosing offences under Sections 126(2), 115(2), 109, 303(2), 118(2) 352, 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report is that on the date of occurrence i.e. on 31.05.2025, in the evening, while the informant was carrying Drill Machine for his personal use, petitioners along with other co-accused
Patna High Court CR. MISC. No.61014 of 2025(2) dt.10-09-2025 2/3 persons assaulted the informant using iron rod, lathi etc. It has further been alleged that petitioner no. 1 assaulted the informant on his left hand due to which he sustained fracture injury. Petitioner no. 2 assaulted the informant using lathi on the back while petitioner no. 3 snatched golden chain worth Rs. 32,000/-.
4. Learned Counsel for the petitioners submit that petitioners have falsely been implicated in this case on the basis of false and concocted story. The informant was stealing the drilling machine from the construction site and he was assaulted by the local people and since the petitioners reside in the locality, they have falsely been implicated in this case after delay of about two days. The petitioner no. 1 is having 40% disability in his left hand and it is highly improbable that he would assault with iron rod, causing fracture of informant's hand. The petitioner no. 2 and 3 are lady members of the family and the allegation against them is not serious in nature.
5. Having regard to the submissions made by the parties and taking into consideration the nature of allegation and the fact that petitioner no. 1 is 40% disabled person and petitioner no. 2 and 3 are ladies, I am inclined to grant the petitioners privilege of anticipatory bail.
Patna High Court CR. MISC. No.61014 of 2025(2) dt.10-09-2025 3/3
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Sonepur Police Station Case No. 534 of 2025, subject to the condition laid down under Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J) Siwani/- U T