Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7702 of 2023 Arising Out of PS. Case No.-3 Year-2022 Thana- LADANIA District- Madhubani ====================================================== Md. Saddam Son Of Sadare Alam R/V- Mirzapur, Hadispur, P.S- Ladaniya, Dist- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhavesh Kumar Sah For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Ladaniya P.S. Case No. 03 of 2022 registered under sections 341, 323, 324, 354, 337, 504, 506 and 34 of the Indian Penal Code and further added Section 302 of the IPC.

Prosecution case in short, is that the co-accused persons along with this petitioner came at the house of the informant and started abusing them and the co-accused Afarin Praveen gave order to other co-accused persons to assault the informant and his family members upon which the co-accused Lalwa Alam and other accused assaulted the husband of the informant with stone on his head due to which he sustained

Patna High Court CR. MISC. No.7702 of 2023(2) dt.12-04-2023 2/3 injury and later on he died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of informant's re-statement. He has no concern with the alleged offence rather the specific allegation of assaulting is against other co-accused person. Nothing consistent material came against the petitioner during investigation. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 22.09.2022. Similarly situated other co-accused person has already been granted bail by the this Court vide order dated 06.02.2023 in Cr. Misc. No. 44419 of 2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Ladaniya P.S.

Patna High Court CR. MISC. No.7702 of 2023(2) dt.12-04-2023 3/3 Case No. 03 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.F.C. Madhubani. (Sunil Kumar Panwar, J) shubham/- U T