Md. Shahab @ Md. Shahabuddin @ Md. Sahab Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48785 of 2026

Arising Out of PS. Case No.-336 Year-2025 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa

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Md. Shahab @ Md. Shahabuddin @ Md. Sahab S/o Naseer Uddin @ Md. Nasir R/o Village - Barewa Tola Ward No. 14, P.O - Sitanabad, P.S - Simri Bakhtiyarpur, District - Saharsa

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amarnath Jha, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER

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2 22-07-2026

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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2. The petitioner is apprehending his arrest in a case in connection with Simri Bakhtiyarpur P.S. Case No. 336 of 2025 dated 08.11.2025 registered for the offences punishable under Section 126(2), 115(2), 117(2), 118(1), 109, 352, 351(2), 191(2) and 190 of the B.N.S.

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3. As per the allegation, altogether 27 persons are named in the FIR including the petitioner, who are alleged to have gone forcibly to the land of the informant and started ploughing the land followed by assault in course of which all the accused persons assaulted upon the son of the informant and nephew of the informant by means of lathi and danda, while it is

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Patna High Court CR. MISC. No.48785 of 2026(2) dt.22-07-2026 2/3

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specifically alleged that the petitioner assaulted Afsana Khatoon by means of farsa on the head, while Md. Kasim assaulted Md. Jumerati on his nose by means of brick, while Md. Usman assaulted Ruksana Khatoon by means of spear resulting into grievous injury. It has further been alleged that Md. Rahman assaulted Md. Adil by means of spear injuring the right leg, while Md. Yusuf and Md. Kalam assaulted Md. Firoz by means of iron rod.

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4. Learned counsel for the petitioner referring to Annexure-2 the injury report, has submitted that the opinion regarding the nature of injury was kept reserved, but the supplementary affidavit goes to show that injured Afsana Khatoon received simple injury. It has further been submitted there is case and counter case between the parties and admittedly, as per the FIR, there is some dispute between the parties over the possession of land. It has further been submitted that the parties resorted to free fight and there was no premeditation to kill. It has lastly been submitted that petitioner has got no criminal antecedent.

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

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6. Heard the learned counsel for the parties and

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Patna High Court CR. MISC. No.48785 of 2026(2) dt.22-07-2026 3/3

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perused the record.

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7. Considering the facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court Chief Judicial Magistrate, Saharsa in connection with Simri Bakhtiyarpur P.S. Case No. 336 of 2025, subject to conditions as laid down under section 482(2) of the B.N.S.S.

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8. The application stands allowed.

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(Praveen Kumar, J)

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aarti/-

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U T

Md. Shahab @ Md. Shahabuddin @ Md. Sahab v. The State of Bihar

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Md. Shahab @ Md. Shahabuddin @ Md. Sahab v. The State of Bihar

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