Samsuddin Nadaf Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Samsuddin Nadaf Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, Sitamarhi, in connection with Sahiyara P.S. Case No. 54 of 2024, conditional on the petitioner remaining physically present on each and every date till conclusion of the trial.

Issue for consideration

Whether Samsuddin Nadaf, in custody since 09.07.2024 in connection with Sahiyara P.S. Case No. 54 of 2024 registered under Section 395 IPC, should be released on bail, despite the State's opposition and his two criminal antecedents.

Court's answer

The petitioner's name transpired only on the basis of the confessional statements of co-accused Amit Kumar and Md. Nizam; nothing was recovered from his possession, no test identification parade had been held, and he had been in custody for more than nine months; considering all aspects, the Court was inclined to grant bail.

Ratio / Principle

The petitioner was ordered to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, Sitamarhi, subject to the condition that he remain physically present on each and every date till conclusion of the trial.

Detailed headnote1 paragraphs

Bail granted — Offence under Section 395 IPC, Sahiyara P.S. Case No. 54 of 2024, District Sitamarhi (Patna High Court, Cr. Misc. No. 19024 of 2025, Ramesh Chand Malviya, J., order dated 16-04-2025). Petitioner, in custody since 09.07.2024, was not named in the FIR; his name transpired solely on the confessional statements of co-accused Amit Kumar and Md. Nizam. Nothing was recovered from his possession, no test identification parade had been held, and custody exceeded nine months; his two criminal antecedents were noted but did not preclude bail. Released on bail bond of Rs. 10,000/- with two like sureties to the satisfaction of the Judicial Magistrate, Sitamarhi, conditioned on physical presence at every trial date till conclusion of trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19024 of 2025

Arising Out of PS. Case No.-54 Year-2024 Thana- SAHIYARA District- Sitamarhi

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

Samsuddin Nadaf (M), aged about 46 years, S/o Hussain Nadaf, Resident of village- Jainagar, PS- Sonbarsa, Distt- Sitamarhi

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ritesh Kumar Narain Singh, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 16-04-2025

Heard learned counsel for the petitioner and learned

APP for the State.

2.The petitioner is in custody in a case registered for the offence punishable under Section 395 of the Indian Penal Code.

As per allegation in the FIR, 7 to 10 people armed with weapons broke the lock of main gate and entered inside the house of the informant pointed a pistol at him and his wife and threatened to give the key of cupboard. After looting they locked the informant and his wife in the room and ran away with 1 lakh cash, 2 gold chain and all the others goods mentioned in the report.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner is not named in the FIR and he is in

Patna High Court CR. MISC. No.19024 of 2025(2) dt.16-04-2025 2/2

custody since 09.07.2024. Petitioner has got two criminal antecedents as stated in para-3 of the petition.

Learned APP for the State opposes the prayer for bail of the petitioner.

On perusal of the first information report and impugned order dated 04.02.2025, it appears that the name of the petitioner transpired on the basis of confessional statement of co-accused Amit Kumar and Md. Nizam, save and except, nothing has been recovered from the possession of the petitioner and no test identification parade has been held till today and he is in custody for more than nine months, so considering all aspects of the case, I am inclined to grant bail to the petitioner.

Accordingly, let the above named petitioner be released 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 Judicial Magistrate, Sitamarhi in connection with Sahiyara P.S. Case No. 54 of 2024, subject to the conditional that petitioner shall remain present physically on each and every date till conclusion of the trial.

(Ramesh Chand Malviya, J)

Brajesh Kumar/- U T