Sadam @ Sadam Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24219 of 2025 Arising Out of PS. Case No.-285 Year-2022 Thana- AANDAR District- Siwan ====================================================== Sadam @ Sadam Khan S/O Manzoor Khan Village/At Kagzi Mohalla, Naya Quila, P.S.- Siwan Town, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Javed Aslam, Advocate For the Opposite Party/s :
Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-06-2025 Heard Mr.Javed Aslam,learned counsel for the petitioner and Mr.Abhay Kumar Roy, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 19.05.2023 in connection with S.Tr.No.255/2024 arising out of Andar P.S. Case No. 285 of 2022, F.I.R. dated 26.12.2022 registered for the offence punishable under Sections 394,302 of the Indian Penal Code and Section 27 of Arms Act.
3. The FIR of the occurrence of loot and murder is against unknown.
4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as
Patna High Court CR. MISC. No.24219 of 2025(3) dt.20-06-2025 2/3 alleged in the FIR. Petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person as well as self-confessional statement of the petitioner. Although the petitioner is in custody since 19.05.2023 but till date no TIP has been conducted by the prosecution and from a bare perusal of the FIR, it transpired that the details of the looted ornaments has not been mentioned in the FIR and some articles have been recovered from the house of the petitioner and other co-accused persons.
5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that regular bail petition of co-accused person, namely, Abhishek Yadav has been rejected by this Court vide order dated 02.08.2023 passed in Cr. Misc. No.20999 of 2023, and apart from that, the petitioner carries four more cases other than the present one but fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, petitioner has confessed his guilt in the present occurrence and regular bail petition of co-accused person, namely, Abhishek Yadav has been rejected by this Court, I am not inclined to enlarge the
Patna High Court CR. MISC. No.24219 of 2025(3) dt.20-06-2025 3/3 petitioner on bail in connection with S.Tr.No.255/2024 arising out of Andar P.S. Case No. 285 of 2022 pending in the court of learned Sessions Judge, Siwan.
7. Prayer is refused.
(Rajesh Kumar Verma, J) Nitesh/- U T