Allowed

Md. Saddam Husain @ Saddam Miyan v. The State Of Bihar

Patna HC7 May 2018CR. MISC./26127/2018

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to Md. Saddam Husain in a case involving section 447, 323, 324, 325, 308, 379, 354(A), and 504 IPC. Despite being named in the FIR, no specific assault was alleged against him. The petitioner was directed to surrender within four weeks on bail of Rs. 10,000 with two sureties.

What did the court decide?

Petitioner directed to be enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of like amount each, to surrender within four weeks.

Md. Saddam Husain @ Saddam Miyan Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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Patna High Court Cr.Misc. No.26127 of 2018 (2) dt.07-05-2018 1

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26127 of 2018

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Arising Out of PS.Case No. -229 Year- 2017 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH)

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

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Md. Saddam Husain @ Saddam Miyan, son of Mauladdin Miyan, Resident of Village- Maullanagar, Police Station- Lauriya, District- West Champaran.

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Nirmal Kumar Sinha

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====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 07-05-2018 Heard both sides.

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The petitioner apprehends his arrest in Lauriya P.S. Case No.229 of 2017 registered under Sections 147, 148, 149, 447, 323, 324, 325, 308, 379, 354(A) and 504 of the Indian Penal Code.

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The informant named nine persons including the petitioner in accused column and alleged that when he forbid from abusing Naushad assaulted him with farsa on his head. Mustakim Mian assaulted him with iron rod. Majhar Mian took Rs.25,000/from his shop and Manan Mian took out ornaments from his house. When Aashma Khatoon came to save the informant, Majhar Mian pushed her down on the ground causing uprootment

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Patna High Court Cr.Misc. No.26127 of 2018 (2) dt.07-05-2018 2

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of teeth.

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The learned counsel for the petitioner submits that no specific allegation of assault is made against the petitioner although the informant made specific allegation of assault against other accused persons.

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Considering the facts that of course the petitioner is named in the F.I.R. but no specific allegation is made against the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bettiah, West Champaran in connection with Lauriya P.S. Case No.229 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Jha, J)

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Saurabh/-

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U T

Md. Saddam Husain @ Saddam Miyan v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Md. Saddam Husain @ Saddam Miyan v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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