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Md. Saddam @ Md. Saddam Hussain v. The State of Bihar

Patna HC13 Mar 2024CR. MISC./21192/2024

Case brief

AI extract

What is this about?

Regular bail application in a murder case after two prior bail rejections; trial incomplete with only five of eleven witnesses examined despite an expedite direction, and the petitioner in custody since December 2021. Bail granted with conditions on attendance and non-interference.

What did the court decide?

Petitioner enlarged on bail on bond of Rs.10,000 with two sureties of like amount to Additional Sessions Judge-XII, Gopalganj, with attendance and no-tampering conditions.

Md. Saddam @ Md. Saddam Hussain Vs The State of… — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21192 of 2024

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Arising Out of PS. Case No.-429 Year-2021 Thana- MIRGANJ District- Gopalganj

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

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Md. Saddam @ Md. Saddam Hussain SON OF ALI IMAM R/O VILLRASAULI PS -PANAPUR DIST- SARAN AT CHHAPRA BIHAR

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Prashant Kumar For the Opposite Party/s : Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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2 13-03-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201/34 of the Indian Penal Code.

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Earlier, the bail petition of this petitioner was twice rejected. Firstly, his bail petition was rejected by this Court vide order dt. 10.1.2023 passed in Cr. Misc. No. 39921 of 2022. Lastly, the same was rejected by this Court vide order dated 25.8.2023 passed in Cr. Misc. No.43445 of 2023 with a direction to concerned court to expedite the trial and conclude the same within a period of six months.

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Learned counsel for the petitioner submits that despite the direction of this Court to trial court to conclude the

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Patna High Court CR. MISC. No.21192 of 2024(2) dt.13-03-2024 2/3

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trial within a period of six months, the trial has not been concluded as yet. It is also submitted that out of total 11 chargesheeted witnesses, only five witnesses have been examined till now and there is no likelihood of conclusion of trial in near future. Moreover, the petitioner is languishing in judicial custody since 22.12.2021.

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Learned APP appearing for the state has opposed the prayer of regular bail.

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Considering the aforesaid facts and circumstance of the case as well as the petitioner is languishing in judicial custody for more than two years, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mirganj P.S. Case No. 429 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XII, Gopalganj subject to following conditions:-

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(i) the petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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(ii) In case, the petitioner hampers the witnesses or

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Patna High Court CR. MISC. No.21192 of 2024(2) dt.13-03-2024 3/3

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tempering with the evidence after enlargement on bail, his bail bonds will be cancelled by the Court below.

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(Sunil Kumar Panwar, J)

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Amandeep/-

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U T

Md. Saddam @ Md. Saddam Hussain v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Saddam @ Md. Saddam Hussain v. The State of Bihar

Case brief

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What did the court decide?

What the court decided

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