An oral order rejecting bail application of a petitioner accused of threatening an informant demanding ransom, surrounding his son, and injuring him with indiscriminate firing resulting in serious injuries. r
The petitioner's bail application was rejected, and he was required to remain in judicial custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17564 of 2022
Arising Out of PS. Case No.-631 Year-2021 Thana- KHAJANCHI HAT District- Purnia
======================================================
Md. Saddam @ Saddam Hussain, S/o Late Zakir Hussain R/o villageRajabari, P.S.- K. Hat (Sahayak), District- Purnia, Bihar
... ... Petitioner/s
Versus
| The State of Bihar =================== |
... ... Opposite Party/s =================================== |
|---|---|
| Appearance : | |
| For the Petitioner/s : |
Mr.Nishant Kumar Sinha, Adv. |
| For the Opposite Party/s : For the Informant : =================== |
Mr.Dr.Mrityunjaya Kr.Gautam, APP Mr. Raju Giri, Adv. =================================== |
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
2 22-07-2022
Heard learned counsel for the petitioner, the State and learned APP for the State through video conferencing in view of COVID-19.
Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course.
The petitioner is in judicial custody in connection with K.Hat (Sahayak) P.S. Case No.631/2021 instituted under Sections 447,148,149,341,323,307,387,506 and 147 of the Indian Penal Code and Section 27 of the Arms Act.
As per the FIR, the informant alleged that earlier the accused persons threatened his son and demanded ‘ rangdari, of Rs.20,00,000/-. On 13.07.2021, when he was near his plot, it is alleged that the named accused persons and 3-4 unknown accuseds came to his place, surrounded his son and thereafter
Patna High Court CR. MISC. No.17564 of 2022(2) dt.22-07-2022 2/2
after saying that neither you people have vacated the plot nor paid any ‘ rangdari ’ started firing on his son. The allegation both against Jain Raja and the petitioner is of indiscriminate firing which hit the stomach and the chest of his son. He was immediately rushed to the Sadar Hospital from where he was brought to Max Hospital where he was being taken care of.
There is specific allegation against amongst other the petitioner herein of opening fire hitting the vital portion of the informant’s son body resulting into serious injuries to him.
Taking into account the aforesaid fact, this Court is not inclined to grant the privilege of bail to the petitioner, which is hereby rejected.
(Rajiv Roy, J)
Prakash Narayan /- U T
1 issue framed by the court
Whether bail should be granted to the petitioner involved in grave injuries and seeking territorial jurisdiction to be imposed on him. r
2 provisions across 2 enactments
Md. Saddam @ Saddam Hussain
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
