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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11790 of 2025 Arising Out of PS. Case No.-181 Year-2024 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Md Saddam Hussain @ Md Saddam Son of Md Wahid @ Abdul Wahid Resident of Vill- Mohammad Nagar, P.S.- Madhubani, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and Mr. Nityanand Tiwary, learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with K. Nagar P.S. Case No. 181 of 2024 instituted for the offences under Section 302/34 of the Indian Penal Code.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of being involved in murder of the Informant's brother.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. There is no eye-witness of the

Patna High Court CR. MISC. No.11790 of 2025(4) dt.23-09-2025 2/3 alleged occurrence and the present case is a case of last seen with the petitioner. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 17.10.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that the offence alleged is serious in nature. The Informant in the re-statement and several witnesses have supported the prosecution case. The postmortem report supports the prosecution case. The Investigating Officer, after completion of investigation, has submitted charge-sheet against the petitioner for offence under Sections 302/34. The petitioner has also confessed his guilt and, hence, he does not deserve bail.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two

Patna High Court CR. MISC. No.11790 of 2025(4) dt.23-09-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with K. Nagar P.S. Case No. 181 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T