Md. Sattar @ Saddam v. The State of Bihar
Case brief
What is this about?
Petitioner sought bail in a case involving offences under IPC 414, Bihar Prohibition Act, and Arms Act. The court observed lack of evidence against the petitioner beyond a co-accused's confession. Bail was granted on a bond with sureties or provisionally on personal bond during lockdown.
What did the court decide?
Relief granted: Petitioner released on bail bond of Rs. 10,000 with two sureties or provisionally on personal bond pending lockdown.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12274 of 2020
Arising Out of PS. Case No.-246 Year-2018 Thana- FALKA District- Katihar
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Md. Sattar @ Saddam S/o - Rafik Nadaf @ Rafil Nadaf R/o- Jaabe, P.S.Bhawanipur, District- Purnia, at present R/o- Manganpatti, P.S.- Falka, District- Katihar. ... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar Singh For the Opposite Party/s : Mr.Manoj Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
- 3 13-05-2020
Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.
Petitioner seeks bail in connection with Falka P.S. Case No. 246/2018 registered for the offences punishable under Section 414 of the Indian Penal Code, Section 37(b) of the Bihar Prohibition and Excise Act, 2016 and Sections 25(1-b) a/26 of the Arms Act.
Issues for consideration
2 issues framed by the court
Whether the petitioner should be granted bail in a case involving possession of arms and liquor offences given the lack of independent evidence against him.
Whether the petitioner's criminal antecedents outweigh the solitary confessional statement of a co-accused in the absence of corroborative evidence.
Parties & counsel
- petitioner
Md. Sattar
- respondent
The State of Bihar
Coram
Hemant Kumar Srivastava
Case details
As recorded by the court registry
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