Saddam Khan @ Md. Saddam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38185 of 2025 Arising Out of PS. Case No.-125 Year-2025 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.
Saddam Khan @ Md. Saddam S/O Md. Firoz Mohalla- Pahartalli, New Abgila, P.S.- Muffasil, Dist.- Gaya 2.
Osama Khan @ Md. Osama S/O Md. Firoz Mohalla- Pahartalli, New Abgila, P.S.- Muffasil, Dist.- Gaya ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priya Ranjan For the Opposite Party/s :
Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-06-2025
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Muffasil Police Station Case No. 125 of 2025, disclosing offences under Sections 126(2), 115(2), 303(2), 109, 3(5) of the BNS, 2023.
3. As per the prosecution case, on 14.02.2025, neighbors of the informant caught hold a person who after banging the door of the informant tried to flee away. The apprehended person disclosed his name as Saddam Khan. It has further been alleged that Petitioner No. 2 called some persons and suddenly, 20-25 persons arrived at the place of occurrence
Patna High Court CR. MISC. No.38185 of 2025(2) dt.12-06-2025 2/3 and on the order of Petitioner No. 2, they started assaulting the informant by iron rod due to which informant sustained head injury and his golden chain was also snatched by some persons.
4. Learned counsel for the petitioners submits that petitioners are having no criminal antecedent and both the parties are neighbors. The allegation against Petitioner No. 2 is that on his order, other accused persons assaulted the informant and there is no specific allegation against Petitioner No. 1. Referring to injury report, learned counsel submits that injury sustained by the informant is simple in nature.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that Petitioner No. 2 is an order giver and there is no specific allegation against Petitioner No. 1 and the injury sustained by the informant is simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail 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,
Patna High Court CR. MISC. No.38185 of 2025(2) dt.12-06-2025 3/3 Gaya, in connection with Muffasil Police Station Case No. 125 of 2025, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J) HarshPandey/- U T