Piyare @ Saddam Hussain @ Md. Saddam Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6215 of 2026 Arising Out of PS. Case No.-240 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Piyare @ Saddam Hussain @ Md. Saddam Hussain, S/o Afaque Alam, R/O Village- Mansura, P.S- Kochadhaman, Distt.- Kishanganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Prasad, Advocate For the Opposite Party/s :
Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in connection with Kochadhaman P.S. Case No. 240 of 2023 instituted for the offences punishable under Sections 414 of 34 of the Indian Penal Code.
3. The prosecution case is to the effect that one person namely Maksood Alam was apprehended with a motorcycle and he disclosed that he had purchased the same from the petitioner.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case and the motorcycle does not belong to the petitioner. Neither there is any other case in which the petitioner is named for the theft of such motorcycle. It has further been submitted that no
Patna High Court CR. MISC. No.6215 of 2026(2) dt.04-02-2026 2/3 incriminating article was recovered either personally from the possession of the petitioner or from his house. The motorcycle admittedly was recovered from the shop of co-accused Maksood Alam. Lastly, it has been submitted that the petitioner has no criminal antecedent.
5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Kochadhaman P.S. Case No. 240 of 2023, subject to the conditions as laid down under Section 482 of the BNSS and subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner;
(ii) the petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court;
Patna High Court CR. MISC. No.6215 of 2026(2) dt.04-02-2026 3/3 (iii) in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will liable to be cancelled by the Court concerned; (iv) the Court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same on in the name of verification.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) krishna/- U T