Patna High CourtCR. MISC./50488/2023bail granted

Md. Saddam Hussain @ Majanua v. The State Of Bihar

2023-08-16Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50488 of 2023 Arising Out of PS. Case No.-239 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Md. Saddam Hussain @ Majanua S/O Md. Sabir R/O Village- Jadua Bag Tola, Ps. Nagar (HAJIPUR), Dist. Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Bidupur P.S. Case No. 239 of 2023 dated 17.04.2023 registered for the offences punishable u/s 399 and 402 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act.

4. As per the prosecution case, the petitioner was apprehended by the police personnel while he along with the coaccused persons was assembled for the purpose of committing

Patna High Court CR. MISC. No.50488 of 2023(2) dt.16-08-2023 2/2 dacoity. On search, a live cartridge was recovered from the right pocket of the petitioner's pant.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 18.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 239 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T