Md. Saddam @ Saddam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40992 of 2025 Arising Out of PS. Case No.-216 Year-2024 Thana- KALYANPUR District- Samastipur ====================================================== Md. Saddam @ Saddam Son of Late Md. Zafirul R/o Village - Jatmalpur, Ward No.- 3, P.S.- Kalyanpur, District - Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Ajay Kumar Thakur, Advocate Mr. Fahad Khurshid, Advocate For the State :
Mr. Nand Kumar, APP For the O.P. No.2 :
Mr. Kedar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner, learned counsel for the Opposite Party No.2 and Mr. Nand Kumar, learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 103(1) and 190 of the BNS and under Section 27 of the Arms Act.
3. The case of the prosecution is that father of the Informant was sleeping in newly constructed house. At about 02:30 AM on 27.08.2024, the informant woke up and he saw that the petitioner along with Md. Asjad and Md. Gufran were armed with pistol and were saying that today they will kill the father and son duo. The informant hide himself and after some time he came out of the house and he found that accused persons were going towards his house. It is further alleged that
Patna High Court CR. MISC. No.40992 of 2025(3) dt.20-08-2025 2/3 the accused persons entered in the house. Md. Asjad and Md. Gufran ordered after this Md. Saddam fired. The gunshot hit in the head of the informant's father. He succumbed to the injuries.
4. Learned counsel for the petitioner has submitted that admittedly the occurrence is of 02:30 AM on 27.08.2024, whereas the FIR was filed on 28.08.2024 at 04:15 PM. It has also been submitted that the inquest report was prepared at 10:05 AM on 27.08.2024 and even the post-mortem was also conducted prior to filing of the FIR. It has also been argued by the learned counsel for the petitioner that from perusal of Paragraph '6' it will transpire that the chowki on which the dead body was found, there was no blood. It has also been submitted it is the case of the prosecution that the deceased was sleeping in a half constructed room. As such, the firing if any must have been made from a close range from the room itself. The postmortem report does not disclose the range from which the firing was made and the injuries which has been found does not show any kind of blackening or charring. The petitioner is a man of clean antecedent and he is in judicial custody since 29.01.2025.
5. Mr. Kedar Jha, learned counsel for the informant is present and he has vehemently opposed the bail and has submitted that though there is delay in filing of the FIR, yet the
Patna High Court CR. MISC. No.40992 of 2025(3) dt.20-08-2025 3/3 petitioner is the main assailant.
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. The above named petitioner is directed to be released on bail in connection with Kalyanpur P.S. Case No. 216 of 2024 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, Samastipur.
(Ashok Kumar Pandey, J) durgesh/- U T