IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53881 of 2025 Arising Out of PS. Case No.-212 Year-2025 Thana- SHEOHAR District- Sheohar ====================================================== 1. Nanhku Miyan @ Serajul Haque S/o Satar Miyan R/o Village- Mirzapur, Dhobahi, P.S.- Fatahpur, Sheohar, District- Sheohar 2. Md. Murtuja S/o Sharif Miyan R/o Village- Mirzapur, Dhobahi, P.S.- Fatahpur, Sheohar, District- Sheohar 3. Nure Alam S/o Liyakat Miya R/o Village- Mirzapur, Dhobahi, P.S.- Fatahpur, Sheohar, District- Sheohar 4. Md. Mostakim S/o Late Ali Akbar Miya R/o Village- Mirzapur, Dhobahi, P.S.- Fatahpur, Sheohar, District- Sheohar 5. Md. Shafi Alam S/o Late Ayub R/o Village- Mirzapur, Dhobahi, P.S.- Fatahpur, Sheohar, District- Sheohar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 18-08-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 223(a), 324(5), 3(5) of the Bharatiya Nyaya Sanhita and Section 3 of the Prevention of Damage of Public Property Act. 3. As per prosecution case, this petitioners damaged boundary wall of the graveyard with JCB with a view to encroach upon the government land. Patna High Court CR. MISC. No.53881 of 2025(2) dt.18-08-2025 2/3 4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. As a matter of fact, a piece of land bearing Khata No. 294, Khesra No. 537, Area 29 decimal was allotted to petitioner no. 4 through Patta, however, after the survey, nature of land was changed as Gair Mazarua Sarv Sadharan but as the land in question was being used by the Muslim community for religious purposes, petitioner no. 4 did not raise any objection. He further submits that petitioners were not damaging boundary wall of the said graveyard rather they were repairing the same and trying to make passage as the land of petitioner no. 4 was water logged due to heavy rain, causing hindrance in Taziya celebrations. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged 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 Chief Judicial Magistrate, Patna High Court CR. MISC. No.53881 of 2025(2) dt.18-08-2025 3/3 Sheohar in connection with Fatehpur (Sheohar) P. S. Case No. 212 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T