Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11904 of 2025 Arising Out of PS. Case No.-175 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Saddam Hussain Son of Jiyaul Haque @ Jiyaul Hak Resident of VillBagalbari Ward No. 12, P.S.- Kochadhaman, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Kochadhaman P.S. Case No. 175 of 2023 registered for the offence punishable under sections 393, 397 of the Indian Penal Code.

3. As per allegation in the FIR, while the informant was returning from his shop, two miscreants on a motorcycle coming from the opposite side tried to stop him. Thereafter, informant speed-up his motorcycle and miscreants started to chase him. In the meantime, miscreants fell down in a ditch and nearby people rushed towards him but they threatened the villagers not to disturb them otherwise they would open fire. Thereafter, miscreants fled away living behind the motorcycle in

Patna High Court CR. MISC. No.11904 of 2025(3) dt.12-05-2025 2/3 ditch.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No TIP has been conducted in this case till date. Seized vehicle does not belong to the petitioner. Petitioner is not named in the FIR. During investigation, no material has been found against the petitioner. Chargesheet has already been submitted against the petitioner. Moreover, petitioner is languishing in judicial custody since 18.11.2024.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail after framing of charge. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Kishanganj in connection with Kochadhaman P.S. Case No. 175 of 2023 with following conditions:

(i) One of the bailors should be close relative of the petitioner.

Patna High Court CR. MISC. No.11904 of 2025(3) dt.12-05-2025 3/3 (ii) 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 bonds may be cancelled by the learned trial Court.

(S. B. Pd. Singh, J) sushma/- U