Md. Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67485 of 2023 Arising Out of PS. Case No.-239 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Md. Saddam Hussain Son Of Md Abdul Kuddus @ Late Abdul Kuddush @ Md. Abdul Khuddush Resident Of Village- Jadua Bagh Tola, Ps- Town Hajipur, Distt- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, on receiving a secret information that some miscreants are assembled near bamboo scrub to commit dacoity thereafter the police personnel reached at that place. Three person were apprehended and on search there has been recovery of one loaded country-made pistol and one live cartridges from the possession of the petitioner.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.67485 of 2023(2) dt.31-10-2023 2/2 that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern with the alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion and due to his criminal antecedents, petitioner has implicated in the present case by the police. He is languishing in judicial custody since 18.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 239 of 2023. (Sunil Kumar Panwar, J) Arish/- U T