Shahabuddin @ Md. Shahabuddin Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Shahabuddin @ Md. Shahabuddin Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender before the learned Court below within four weeks, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar, subject to conditions under Section 482(2) BNSS, with the further condition that one bailor shall be an own/close family member of the petitioner.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in Korha P.S. Case No. 256 of 2024, registered for offences under Sections 137(2), 140(3) and 3(5) of the BNS.

Court's answer

The petitioner is to be released on bail, in the event of his arrest or surrender before the learned Court below within four weeks, on furnishing a bail bond of Rs. 20,000 with two sureties of the like amount each, to the satisfaction of learned C.J.M., Katihar, in connection with Korha P.S. Case No. 256 of 2024, subject to the conditions under Section 482(2) of the BNSS, with the further condition that one of the bailors shall be an own/close family member of the petitioner.

Ratio / Principle

The grant of anticipatory bail rests on the submissions made by the parties, the genesis of the occurrence, parity with co-accused Mahfuz Alam (identical allegations; already allowed anticipatory bail), and the petitioner's fair antecedents.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL - Patna High Court (Harish Kumar, J; 15-05-2025) allowed the application of Shahabuddin @ Md. Shahabuddin apprehending arrest in Korha P.S. Case No. 256 of 2024 (District Katihar), registered under Sections 137(2), 140(3) and 3(5) of the BNS, arising from the alleged forcible abduction of the informant's elder son (engaged in the Makhana trade) while going to Kheriya. Counsel urged that the matter stemmed from a dispute over outstanding Makhana-trade dues of Rs.5.50 lacs and that co-accused Mahfuz Alam, facing a parallel Mansahi P.S. Case No.102 of 2024, had already been accorded anticipatory bail by a co-ordinate Bench vide order dated 28.03.2025 in Cr. Misc. No. 13280 of 2025. The State opposed, citing the victim's statement recorded under Section 183 BNSS alleging detention at the petitioner's house and assault. Granting bail on parity, the genesis of the occurrence and the petitioner's fair antecedents, the Court ordered release in the event of arrest or surrender within four weeks on a bail bond of Rs. 20,000/- with two like sureties to the satisfaction of learned C.J.M., Katihar, subject to Section 482(2) BNSS conditions, one bailor to be an own/close family member of the petitioner.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26638 of 2025

Arising Out of PS. Case No.-256 Year-2024 Thana- KORHA District- Katihar

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

Shahabuddin @ Md. Shahabuddin, Son of Adbul Rahman village- Lahasa, PS- Mansahi, Distt- Katihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Singh, Adv. For the Opposite Party/s : Mr. M.K. Nirala, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 15-05-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner apprehends his arrest in connection with Korha P.S. Case No. 256 of 2024 registered for the offences punishable under Sections 137(2), 140(3) and 3(5) of the BNS.

Allegedly, while the elder son of the informant, namely, Anisur Rahman, who was engaged in business of Makhana, was going to Kheriya on his Tiago car, in the meanwhile, the petitioner along with other 4-5 unknown persons forcibly abducted and took him away.

Learned counsel for the petitioner contended that the FIR itself suggests that both the petitioners and the informant had involved in the business of Makhana and, in fact,

Patna High Court CR. MISC. No.26638 of 2025(2) dt.15-05-2025 2/3

on the fateful day, both the parties entered into a discussion over the payment of outstanding amount of Rs.5.50 lacs, which was due to the informant’s son. On account of a dispute of money transaction in relation to trade of Makhana, co-accused Mahfuz Alam, has also lodged a case bearing Mansahi P.S. Case No.102 of 2024, against Anisur Rahman, and soon thereafter, the present case has been lodged by the father (informant) of Anisur Rahman, alleging false and concocted story. Taking note of the aforesaid fact, co-accused Mahfuz Alam has been accorded the privilege of anticipatory bail by the co-ordinate Bench of this Court vide order dated 28.03.2025 passed in Cr. Misc. No. 13280 of 2025. Learned counsel for the petitioner lastly contended that be that as it may, the petitioner has absolutely fair antecedent and he undertakes that he will fully cooperate in the investigation and the proceedings of the Court.

On the other hand, learned counsel for the State opposed the bail application and submitted that the statement of Anisur Rahman was recorded under Section 183 BNSS, wherein it is specifically alleged that after his kidnapping, he was taken to the house of the petitioner, where the accused persons have assaulted him.

Regard being had to the submissions made on

Patna High Court CR. MISC. No.26638 of 2025(2) dt.15-05-2025 3/3

behalf of the parties and considering the genesis of the occurrence as also the fact that one of the accused persons having identical allegation has been allowed the privilege of anticipatory bail, coupled with the fair antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/(Twenty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in connection with Korha P.S. Case No. 256 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)

rohit/-

U