Saddam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74631 of 2024 Arising Out of PS. Case No.-136 Year-2024 Thana- CHANDRADIP District- Jamui ====================================================== 1.

Saddam Khan Son of Sajjad Khan @ Md. Sajjad Khan @ Sah Jad Khan Resident of Village- Dinnagar, P.S.- Chandradeep, Distt.- Jamui 2.

Rabis Khan @ Raiskhan @ Md. Raiskhan So of Abbas Khan Resident of Village- Dinnagar, P.S.- Chandradeep, Distt.- Jamui 3.

Hamid Khan Son of Samid Khan Resident of Village- Dinnagar, P.S.- Chandradeep, Distt.- Jamui 4.

Md. Samsher Khan Son of Sajjad Khan Resident of Village- Dinnagar, P.S.- Chandradeep, Distt.- Jamui 5.

Md. Rajakhan Son of Lallu Khan Resident of Village- Dinnagar, P.S.- Chandradeep, Distt.- Jamui 6.

Monajeer Khan @ Munabir Khan Son of Rabis Khan @ Rais Khan @ Md. Rais Khan Resident of Village- Dinnagar, P.S.- Chandradeep, Distt.- Jamui 7.

Md. Fardin Khan Son of Sabir Khan @ Md. Sabir Khan Resident of VillageDinnagar, P.S.- Chandradeep, Distt.- Jamui 8.

Chand Khan Son of Rabish Khan @ Rais Khan @ Md. Rais Khan Resident of Village- Dinnagar, P.S.- Chandradeep, Distt.- Jamui 9.

Md. Sajjad Khan @ Sajjad Khan @ Sahjad Khan Son of Abbas Khan Resident of Village- Dinnagar, P.S.- Chandradeep, Distt.- Jamui 10.

Aftab Khan @ Sanavvar Khan Son of Rabish Khan @ Rais Khan @ Md. Rais Khan Resident of Village- Dinnagar, P.S.- Chandradeep, Distt.- Jamui 11.

Md. Sarfaraj Khan @ Munna Khan Son of Manir Khan Resident of VillageDinnagar, P.S.- Chandradeep, Distt.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the State :

Mr. Satyendra Narayan Singh, APP For the Informant :

Mr. Sanjiv Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2025 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. 2.

The petitioners apprehend their arrest in a case registered

Patna High Court CR. MISC. No.74631 of 2024(4) dt.07-03-2025 2/3 for the offence punishable u/s 103, 115(2), 126(2), 190, 191(2), 352 of the B.N.S., 2023.

3.

As per FIR, the petitioners and other co-accused persons abused and assaulted the nephew of the informant. He was chased away by the petitioners and others to his house. When the father of the informant tried to intervene, he was also assaulted by co-accused Md. Amir due to which he fell down on the ground and later on died.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act attributed against the petitioners. Similarly situated co-accused person has been granted anticipatory bail by this Court vide order dated 11.12.2024 passed in Cr. Misc. No. 82513 of 2024. Petitioners have no criminal antecedent as mentioned in para 3 of the bail application.

5.

Learned APP for the State and learned counsel for the informant opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case

Patna High Court CR. MISC. No.74631 of 2024(4) dt.07-03-2025 3/3 and since there is no specific overt act against the petitioners and similarly situated co-accused has been granted bail, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chandradeep P.S. Case No.136 of 2024, subject to the conditions as laid down under Section 482(2) of BNSS, 2023.

(Anjani Kumar Sharan, J) priyanka/- U T