Patna High CourtCR. MISC./75093/2025bail granted

Musabbir @ Md. Musawwir Alam @ Musabbir Alam v. The State Of Bihar

2025-11-27Mr. Justice Chandra Prakash Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75093 of 2025 Arising Out of PS. Case No.-192 Year-2024 Thana- BAHADURGANJ District- Kishanganj ====================================================== Musabbir @ Md. Musawwir Alam @ Musabbir Alam, aged about 27 years, Male, S/o Younus Sah @ Younus @ Yunus, R/o Village- Satal Istamrar, P.S.- Bahadurganj, District- Kishanganj ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Hafiz Shahbaz Arif, Advocate For the Opposite Party :

Mr. Arun Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bahadurganj P.S. Case No. 192 of 2024 dated 11.07.2024 registered for the offences punishable under Sections 191(2), 191(3), 190, 324(4), 305(a), 125(a), 125(b), 126(2), 115(2), 117(2),118(2), 109, 352 and 351(2) of the B.N.S., 2023.

3. As per the prosecution case, on 10.07.2024 at about 4.30 P.M., the petitioner and the co-accused were adamant to make way on the informant's personal land after breaking his thatched house. It is further alleged that earlier Panchayati was held in which the informant was agreed to give way at a distance of 50' north from his house but the petitioner and the

2/4 co-accused persons broken his house and stolen away ornaments worth Rs. 2,00,000/- and cash Rs. 45,000/-. When the mother of the informant came there, the co-accused Naushad assaulted her by bricks on her head. When the informant went near his mother, the co-accused persons, namely, Halim, Soyeb and Akhter assaulted him and all the accused persons started throwing bricks upon his house. Thereafter, his uncle Khatib came there, then the petitioner and the co-accused Munna inflicted sword blow on his head. When the brother of the informant Mohsin came there with his three years daughter Masiya Parween, the co-accused Munna inflicted iron rod blow due to that Masiya became injured. The co-accused persons looted away the house hold articles of his uncle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there is land dispute between the parties. The petitioner has no concern either with the alleged offence or with the informant. The doctor has examined the injured and found simple injury except the injury received by Khatib which is said to be grievous in nature but no sharp cut injury has been found on his person and the said injury appears to be caused by hard and blunt substance. It is submitted that the

3/4 other co-accused, Soyeb @ Soyeb Alam, Khatib @ Md. Khatib in Cr. Misc. No. 83273 of 2024 vide order dated 31.01.2025, Halim, Akhter @ Akhter Alam, Bazaru @ Rahmat Babu, Shahnawaz, Farmuddin @ Farmo, Quaiser @ Quaiser Alam, Amanat in Cr. Misc. No. 79675 of 2024 vide order dated 04.12.2024, Munazir, Yaqub, Ahmad, Nazim, Kanna @ Nayeem, Habib, Shamim in Cr. Misc. No. 5073 of 2025 vide order dated 14.02.2025, Laifun Nisha, Fatma Begum @ Fatma @ Fatema, Rukhsar @ Ruksar Parween @ Ruksar Parween, Zubair @ Zubed Alam in Cr. Misc. No. 20731 of 2025 vide order dated 20.05.2025, Pappu, Mejar in Cr. Misc. No. 26309 of 2025 vide order dated 20.05.2025 Raza @ Raja, Bablu in Cr. Misc. No. 27075 of 2025 vide order dated 21.05.2025, Alam @ Alam Sah, Hakim @ Hamid Alam, and Naushad Alam have already been granted anticipatory bail by the different Coordinate Bench of this Court, annexed as Annexure-4 series to the present bail application. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 02.08.2025.

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

6. Considering the aforesaid facts and circumstances

4/4 of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Kishanganj in connection with Bahadurganj P.S. Case No. 192 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T