Mohammad Sahabuddin @ Md. Shahabuddin @ … vs The State Of Bihar on 18 December, 2024

Patna High Court – Orders

Mohammad Sahabuddin @ Md. Shahabuddin @ … vs The State Of Bihar on 18 December, 2024

Author: Harish Kumar

Bench: Harish Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71424 of 2024
                     Arising Out of PS. Case No.-67 Year-2023 Thana- PHULWARIA District- Begusarai
                 ======================================================
                 Mohammad Sahabuddin @ Md. Shahabuddin @ Md. Saho, Son of Md.
                 Asaraf, Resident of Ward No. 11, Phulwaria- 01 Ganj, Phulwaria
                 (Phulwariya), P.S.- Phulwaria (Phulwariya), Distt.- Begusarai
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pritish Kumar Lal, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   18-12-2024

Heard learned Advocate for the petitioner and the

learned APP for the State.

2. The petitioner is apprehending his arrest in

connection with Phulwaria P.S. Case No. 67 of 2023 registered

for the offences punishable under Sections 147, 148, 323, 341,

354, 307, 504 and 506 of the Indian Penal Code.

3. Based upon the written report, the prosecution

alleges that on the fateful day while the informant along with his

brothers were going to his house, in the meantime, all the seven

F.I.R. named accused persons, including the petitioner, and two

unknown persons armed with deadly weapons surrounded the

informant. It is specifically alleged that co-accused Md. Rustam

assaulted the informant by means of iron rod. The allegation

against the petitioner is of assaulting the informant by means of
Patna High Court CR. MISC. No.71424 of 2024(2) dt.18-12-2024
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handle of hand-pump (Chapakal) on his head. While the mother

of the informant came to his rescue, she was also assaulted by

other accused persons. In the said occurrence, the informant and

his two brothers have also sustained serious injuries.

4. Learned Advocate for the petitioner drawing the

attention of this Court to the F.I.R. primarily contended that

though in the F.I.R. one Md. Saho, son of Md. Boudhu Marhum,

has been made accused along with other accused persons, but

despite the fact that the name of the petitioner is Md.

Sahabuddin @ Md. Shahabuddin @ Md. Saho, S/o Md. Asaraf

of different place, the police is chasing behind him only due to

similarity in the nick name. Learned Advocate for the petitioner

further contended that the petitioner has no concern with the

alleged crime, but on account of the atrocious act of the police,

he has been compelled to approach before this Court. It is next

contended that even if the allegation levelled against the

accused Md. Saho is concerned, the injury caused by him is

found to be simple in nature. In support of the aforesaid

contention, the injury reports, as contained in Annexures-2 and

3, have been brought on record. Moreover, co-accused persons,

having identical allegation, have been allowed the privilege of

anticipatory bail by this Court in Cr. Misc. No. 33417 of 2024
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vide order dated 28.05.2024.

5. On the other hand, learned APP for the State

opposes the bail application and submits that the petitioner has

actively participated in the crime and brutally assaulted the

informant and his brothers.

6. Regard being had to the submissions made on

behalf of the parties and considering the suspected complicity of

the petitioner in the crime, coupled with the fact that other co-

accused persons have been allowed anticipatory bail, let the

petitioner, named above, in the event of his arrest or surrender

before the court below within four weeks from the date of

receipt/production of a copy of this order, be released on bail on

furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with

two sureties of the like amount each to the satisfaction of

learned Additional Chief Judicial Magistrate-I, Begusarai in

connection with Phulwaria (Phulwariya) P.S. Case No. 67 of

2023, subject to the condition as laid down under Section 438

(2) of the Cr.P.C. with the further condition that one of the

bailors shall be the own/close relative of the petitioner.

(Harish Kumar, J)
uday/-

U        T