Saddam @ Md Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51946 of 2021 Arising Out of PS. Case No.-310 Year-2020 Thana- JAGDISHPUR District- Bhojpur ====================================================== Saddam @ Md Saddam Hussain Son of Md. Heshamuddin Resident of Village - Bishen Tola, Ward No.12, P.s.- Jagdishpur, Distt.- Bhojpur. ... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Verma For the Opposite Party/s :

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-03-2022 Heard learned counsel for the petitioner and learned counsel for the Informant as well as learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 323, 324, 307, 302, 504/34 of the Indian Penal Code.

According to prosecution case, the main allegation is that all the instigation of co-accused persons, this petitioner and other co-accused namely Aamir assaulted at the head of informant's father and the accused persons also assaulted the informant and his brothers due to which they sustained head

Patna High Court CR. MISC. No.51946 of 2021(3) dt.30-03-2022 2/3 injuries and in the alleged assaulting the accused persons used iron rod to assault the victims.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. that there is general and omnibus allegation against all the accused persons. He further submits that there is no specific allegation of overt-act against the petitioner. He further submits that similarly situated, co-accused, namely, Dablu has been granted bail by a co-ordinate Bench of this Court vide order dated 10.01.2022 passed in Cr. Misc. No. 38673 of 2021. The petitioner is in custody since 27.11.2020. The learned counsel for the Informant and learned Additional Public Prosecutor has vehemently opposed the prayer for bail on the ground that the F.I.R. in two parts, first part there is general and omnibus allegation and second part there is direct allegation against the petitioner. Learned counsel for the informant submits that the allegation against co-accused Dablu is general and omnibus but the direct allegation is there against the petitioner.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Jagdishpur P.S.

Patna High Court CR. MISC. No.51946 of 2021(3) dt.30-03-2022 3/3 Case No. 310 of 2020 pending in the court of learned Additional Chief Judicial Magistrate-I, Ara.

Prayer is refused.

(Rajesh Kumar Verma, J) mdrashid/- U T