Saddam @ Saddam Nut @ Md Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45509 of 2023 Arising Out of PS. Case No.-502 Year-2021 Thana- SIWAN CITY District- Siwan ====================================================== Saddam @ Saddam Nut @ Md Saddam S/O Safruddin Ansari @ Safruddin Nut @ Sarfuddin Hussain R/O Village- Sabeya, P.S- Mirganj, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gautam Kumar Yadav For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 395, 397 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner is to commit dacoity along with other co-accused persons and while committing so taken away golden jewellery from the shop of the informant, having total value of Rs. 4,00,00,000/-(Rupees Four Crores).

Patna High Court CR. MISC. No.45509 of 2023(2) dt.04-08-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused. There is general and omnibus allegation against the petitioner. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has still not been put on T.I.P. The petitioner The petitioner is languishing in custody since 20.04.2022. Moreover, other similarly situated coaccused persons have been granted bail by a coordinate Bench of this Court vide order dated 24.08.2022 passed in Cr. Misc. No. 16655 of 2022 and other analogous cases.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period

Patna High Court CR. MISC. No.45509 of 2023(2) dt.04-08-2023 3/3 under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Siwan in connection with Siwan Town P.S. Case No. 502 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T