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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23653 of 2020 Arising Out of PS. Case No.-5 Year-2020 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== MD. SADDAM HUSSAIN @ MD. SADDAM @ MD. SADDAM BOSS S/o Late Md. Ayub Resident of Village-Muriya, P.S.-Sadar (Bhalpatti O.P.), District-Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Kumar Jha, Mr.Pranav Kumar Jha, Advocates.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-09-2020 Heard Mr. Subodh Kumar Jha, learned counsel for the petitioner and Mr. Rana Randhir Singh, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Sadar (Bhalpatti O.P) PS Case No. 05/2020 registered for the offence punishable under Sections 341, 342, 323, 324, 325, 307, 385, 504 and 34 of the IPC.

3. The allegation against the petitioner as per First Information Report is that the petitioner assaulted the informant by means of dagger.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged.

Patna High Court CR. MISC. No.23653 of 2020(2) dt.15-09-2020 2/3 Both the parties are next door neighbours having land dispute in between them. Learned counsel for the petitioner referring Annexure-2, which is injury report, submits that the allegation against the petitioner is that he assaulted the informant by means of dagger which is a sharp cutting weapon but the injury indicates that the petitioner has received injury by means of hard and blunt substance.

5. Learned counsel further submits that the injury caused to the informant is not attributable to the petitioner. Petitioner is in custody since 22.05.2020. Charge-sheet has already been filed in the present matter.

6. Having regard to the submissions made by the parties and taking into consideration the fact that both the parties are next door neighbours having land disputes between them, I am inclined to grant regular bail to the petitioner.

7. Accordingly, let the petitioner, MD. SADDAM HUSSAIN@ MD. SADDAM @ MD. SADDAM BOSS be released on bail, if he is not required in any other case, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Sadar (Bhalpatti O.P.) PS Case No. 05/2020.

Patna High Court CR. MISC. No.23653 of 2020(2) dt.15-09-2020 3/3

8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) perwez U T