Allowed

Sahabuddin @ Sahbuddin v. The State of Bihar

Patna HC21 May 2024CR. MISC./30638/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in a case arising from an alleged assault on an Inspector during Naka duty against fertilizer smugglers and helping them escape. Considering their clean antecedents and the record, the court granted anticipatory bail with conditions.

What did the court decide?

Anticipatory bail granted on furnishing bail bond of Rs. 10,000 each with two sureties of like amount, subject to Section 438(2) Cr.P.C. conditions.

Sahabuddin @ Sahbuddin Vs The State of Bihar — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30638 of 2024

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Arising Out of PS. Case No.-13 Year-2022 Thana- GARVANDANGA District- Kishanganj

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======================================================

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1. Sahabuddin @ Sahbuddin Son of Abu Talib R/o Village- Barbhang, P.SGarbandanga, District- Kishanganj.

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Md. Taiyab Alam @ Jamedar @ Tayab son of Samsuddin R/o VillageSuribhita, P.S.- Garbandanga, District- Kishanganj.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan For the Opposite Party/s : Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 21-05-2024 Heard learned counsel for the petitioners and

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learned A.P.P. for the State.

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The petitioners are apprehending their arrest in connection with Garbandanga P.S. Case No. 13/2022 registered for the offences punishable under Sections 147, 149, 323, 325, 353, 279, 337, 338 of the Indian Penal Code.

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As per prosecution case, the informant alongwith police officials left for Naka duty. It is alleged that a group of smuggler was carrying chemical fertilizer and reached the Naka. It is alleged that when the police personnel tried to stop the motorcycle, smuggler dashed to Manish Kumar (Inspector) as a result of which he sustained head injury. It is

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Patna High Court CR. MISC. No.30638 of 2024(2) dt.21-05-2024 2/3

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further alleged that some unknown men and women from the village helped the smugglers in escaping them. The petitioners are one among them.

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Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. The petitioners bear no criminal antecedent. The petitioners were not present on the spot and no incriminating article was recovered from the conscious possession of the petitioners. He further submits that all the sections are bailable in nature, except Section 353 of the I.P.C.

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The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial

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Patna High Court CR. MISC. No.30638 of 2024(2) dt.21-05-2024 3/3

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Magistrate, Kishanganj in connection with Garbandanga P.S. Case No. 13/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Alok Kumar Pandey, J)

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amitkumar/-

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U T

Sahabuddin @ Sahbuddin v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sahabuddin @ Sahbuddin v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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