Sahab Babu @ Md. Sahab Babu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3198 of 2024 Arising Out of PS. Case No.-52 Year-2023 Thana- TERHAGACHH District- Kishanganj ====================================================== 1.
Sahab Babu @ Md. Sahab Babu Son of Azeemuddin Resident of Dhaweli, P.S.- Terhagachh, District- Kishanganj 2.
Nasim Alam @ Nasim Son of Late Rannu Resident of Dhaweli, P.S.- Terhagachh, District- Kishanganj 3.
Dilsad @ Biju Son of Sahiro Resident of Dhaweli, P.S.- Terhagachh, District- Kishanganj 4.
Anwar Alam Son of Tajmmul, Resident of Dhaweli, P.S.- Terhagachh, District- Kishanganj 5.
Muzammil Son of Jamil Akhtar, Resident of Mushara, P.S.- Terhagachh, District- Kishanganj 6.
Gulshad @ Prince Son of Nazam Uddin Resident of Chhota Pokhariya, P.S.- Terhagachh, District- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar For the Opposite Party/s :
Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-02-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Terhagachh (Teddhagachh) P.S. Case No. 52 of 2023 registered for the offence punishable under Sections-147, 148, 149, 426, 427, 435, 436, 504, 506, 120(B) of the Indian Penal Code.
3. Prosecution case in short is that in the backdrop of
Patna High Court CR. MISC. No.3198 of 2024(2) dt.07-02-2024 2/3 land dispute, all the accused persons including 70-80 unknown persons having been armed with weapons attacked the informant's house and destroyed his six houses by throwing brick and petrol and the residential house was set on fire.
4. It has been submitted on behalf of the petitioners that the informant's side had encroached the land belonging to Karwala and when the petitioners protested, the informant has falsely implicated them in the present case. He further submits that there is specific allegation of committing arson in the cattle shed of the informant but not a single cattle was burnt and this fact alone falsifies the case. It has further been submitted that this case has been lodged after three days of the alleged occurrence. It has also been submitted that none has suffered any kind of injury.
5. Learned APP appearing for the State opposed the prayer for grant of anticipatory bail.
6. Considering the above-mentioned facts and circumstances of the case, let the petitioners named above, in the event of their arrest or surrender within a period of 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 Sub Divisional
Patna High Court CR. MISC. No.3198 of 2024(2) dt.07-02-2024 3/3 Judicial Magistrate, Kishanganj in connection with Terhagachh (Teddhagachh) P.S. Case No. 52 of 2023 subject to the conditions as laid down under Section 438 of the Cr.P.C. (Nawneet Kumar Pandey, J) A.K.V.//- U T