Md. Saddam @ Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21962 of 2023 Arising Out of PS. Case No.-41 Year-2021 Thana- JOKIHAT District- Araria ====================================================== 1.

MD. SADDAM @ SADDAM SON OF LATE AZMAL @ LATE MD. AZMAL RESIDENT OF VILLAGE - BUDHI KASHIBARI, P.S. - PALASI, DISTT. - ARARIA 2.

MANOJ KUMAR CHOUPAL SON OF LATE DEO NATH CHOUPAL RESIDENT OF VILLAGE - GAYASPUR, P.S. - PALASI, DISTT. - ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-04-2023 Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioners and Mr. Amitesh Kumar, learned APP for the State.

2. The petitioners renew their prayer for regular bail in connection with Sessions Trial No. 185/2021 arising out of Jokihat PS Case No. 41/2021 registered under Sections 363, 364(A), 365 of the IPC on 02.02.2021.

3. This is the second attempt for grant of regular bail on behalf of the petitioners inasmuch as earlier bail application of the petitioners was dismissed vide order dated 11.04.2021 passed in Cr. Misc. No. 31427/2021 & analogous cases (Annexure-1).

Patna High Court CR. MISC. No.21962 of 2023(2) dt.19-04-2023 2/3

4. The prosecution case as per FIR is that the nephew of the informant aged about six years was kidnapped for ransom from his school.

5. Learned counsel for the petitioners submits that the petitioners have renewed their prayer for bail on the basis of observation made in the earlier order dated 11.04.2021 passed in Cr. Misc. No. 31427/2021. Learned counsel next submits that the co-accused, namely, Jitendra Pandit, Bijal Pandit and Md. Konen @ Md. Konain, whose prayer for bail was also rejected by this Court vide order dated 11.04.2022 have been granted bail by this Court vide orders dated 25.01.2023, 15.03.2023 and 05.04.2023 passed in Cr. Misc. Nos. 43959/2022, 13502/2023 and 20395/2023 respectively. He further submits that the petitioners are in custody since 07.02.2021.

6. Regard being had to the submissions made by the parties and taking into consideration the fact that similarly situated accused persons have been granted bail by this Court, petitioners are in custody since 07.02.2021 and this is the second attempt on behalf of the petitioners, I am inclined to grant regular bail to the petitioners.

Accordingly, let the petitioners, namely, 1. MD. SADDAM @ SADDAM and 2. MANOJ KUMAR CHOUPAL

Patna High Court CR. MISC. No.21962 of 2023(2) dt.19-04-2023 3/3 be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Araria in connection with Sessions Trial No. 185/2021 arising out of Jokihat PS Case No. 41/2021.

(Anil Kumar Sinha, J) perwez U T