Allowed

MD Saddam @ Saddam v. The State of Bihar

Patna HC19 Oct 2023CR. MISC./30677/2023

Case brief

AI extract

What is this about?

In this bail application, the Patna High Court granted anticipatory bail to petitioners accused of assault, attempt to murder, and theft. The court dismissed one application as withdrawn upon apprehension of arrest for a specific petitioner and granted interim bail to the others conditionally.

What did the court decide?

Permission to withdraw application dismissed as withdrawn for one petitioner; anticipatory bail granted to others on bond of Rs. 25,000 each with two sureties.

MD Saddam @ Saddam Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30677 of 2023

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Arising Out of PS. Case No.-160 Year-2022 Thana- CHHATAPUR District- Supaul

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

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1. Md Saddam @ Saddam S/O Md. Inush R/O Village- Jakhargadh, Rampur Ward No. 05, P.S- Chhatapur, Distt.- Supaul.

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Md. Irsad @ Ersad S/O Isuf @ Esuf R/O Village- Jakhargadh, Rampur Ward No. 05, P.S- Chhatapur, Distt.- Supaul.

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Md. Nazir @ Md. Najir S/O Md. Jainul R/O Village- Jakhargadh, Rampur Ward No. 05, P.S- Chhatapur, Distt.- Supaul.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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with CRIMINAL MISCELLANEOUS No. 30680 of 2023

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Arising Out of PS. Case No.-160 Year-2022 Thana- CHHATAPUR District- Supaul

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

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Md. Javed @ Md. Zawed Son Of Jainal R/O Village- Jha Khargada Rampur, P.S.- Chhatapur, District- Supaul

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Md. Kashid Son Of Sainul @ Eainul R/O Village- Jha Khargada Rampur, P.S.- Chhatapur, District- Supaul

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Md. Guddu @ Akmal Son Of Md. Sainul @ Eainul R/O Village- Jha Khargada Rampur, P.S.- Chhatapur, District- Supaul

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Misroja @ Misroza Khatoon @ Jannat @ Janat Khatoon Wife Of Md. Sainul @ Eainul R/O Village- Jha Khargada Rampur, P.S.- Chhatapur, DistrictSupaul

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Md. Samim Son Of Md. Ganni R/O Village- Jhakhargadh Rampur, P.S.Chhatapur, District- Supaul

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Md. Salam Son Of Md. Inush @ Enush R/O Village- Jhakhargadh Rampur, P.S.- Chhatapur, District- Supaul

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 30677 of 2023) For the Petitioner/s : Mr.Naresh Kumar Mehta For the Opposite Party/s : Mr.Bharat Bhushan, App,156 (In CRIMINAL MISCELLANEOUS No. 30680 of 2023) For the Petitioner/s : Mr.Naresh Kumar Mehta For the Opposite Party/s : Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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... ... Opposite Party/s

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Patna High Court CR. MISC. No.30677 of 2023(3) dt.19-10-2023 2/4

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3 19-10-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

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Heard learned counsel for the petitioners and

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learned APP for the State.

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Learned counsel for the petitioners seeks permission to withdraw this application submitting that during pendency of this application the petitioner no. 2 in Cr. Misc No. 30677 of 2023, has already been apprehended by the police.

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Permission is granted.

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Accordingly, this application with regard to petitioner no. 2 in Cr. Misc. No. 30677 of 2023, is dismissed as withdrawn.

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Now, this application is being heard only with regard to the rest petitioners.

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Heard learned counsel for the petitioners and learned A.P.P. for the State.

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The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354(A), 379, 504, 506/34 of the Indian Penal Code.

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As per the prosecution case, all the named

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Patna High Court CR. MISC. No.30677 of 2023(3) dt.19-10-2023 3/4

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accused persons including the petitioners have assaulted the informant and his family members and also looted belonging ornament and case of Rs. 4,000/-.

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Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is case and counter case between the parties and both sides have sustained injuries and the injuries were found simple in nature. He further submits that there is admitted land dispute between the parties. Petitioners in Cr. Misc. No. 30677 of 2023 have no criminal antecedent and petitioners in Cr. Misc. No. 30680 of 2023 i.e. petitioners no. 1, 5 and 6 have no criminal antecedent and petitioners no. 2, 3, and 4 have one criminal antecedent as mentioned in para-3 of this application.

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Learned APP for the State opposes prayer for anticipatory bail.

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Having regard to the facts and circumstances of the case and the nature of the injury, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/-

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Patna High Court CR. MISC. No.30677 of 2023(3) dt.19-10-2023 4/4

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(Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Chhatpur P.S. Case No.160 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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anand/-

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U T

MD Saddam @ Saddam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

MD Saddam @ Saddam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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