Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49149 of 2021 Arising Out of PS. Case No.-175 Year-2019 Thana- SINGHIYA District- Samastipur ====================================================== MD. SADDAM, Son of Md. Sffi @ Md. Safi Akhtar @ Saphi Akhtar Resident of Village- Singhia, P.S.- Singhia, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-04-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Singhia Police Station Case No. 175 of 2019, registered for the offence punishable under Sections 323/341/324/325/307/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the petitioner assaulted the son of the informant by means of iron rod on his neck and other parts of the body. Learned Counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case along with other co-accused persons who have allegedly assaulted the injured by means of khukhari and sword on his head and other parts of the body. He next submits

Patna High Court CR. MISC. No.49149 of 2021(3) dt.28-04-2022 2/3 that the injury caused to the injured is simple in nature and there is delay in lodging of the First Information Report. He next submits that the son of the informant has sustained injury on his scalp, which would be evident from the impugned order; whereas the allegation against the petitioner is that he assaulted the injured on his neck and other parts of the body. He further submits that the petitioner is in custody since 08.04.2021 and charge sheet has already been submitted against him and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence Regards being had to the submissions advanced on behalf of the parties and taking into consideration the materials on record and the fact that the injuries sustained by the victim on his neck and other parts of the body are simple in nature, the petitioner is in custody since 08.04.2021, having no criminal antecedent, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 5th Additional Chief Judicial Magistrate, Rosera, Samastipur, in connection with Singhia Police Station Case No.

Patna High Court CR. MISC. No.49149 of 2021(3) dt.28-04-2022 3/3 175 of 2019.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T