Md. Saddam @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80668 of 2019 Arising Out of PS. Case No.-437 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== MD. SADDAM @ CHHOTU, aged about 22 years, Male, Son of Md. Sabir @ Md. Sabir Rangrej, Resident of Village - Bhelva Tola, Ward No.-17, Police Station - Jaynagar, District - Madhubani.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Zainul Abedin, Advocate.

For the Opposite Party :

Mr.Ansar Ul Haque, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 302/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that on 28.08.2019 while the son of the informant, namely, Purushtoom Jha @ Satan Jha alongwith Saroj Yadav was coming from Jainagar to Dullipatti on Motorcycle, four persons on two Motorcycles came and fired on the son of the informant as a result of which, he died. Earlier in the year 2017, some unknown criminals

Patna High Court CR. MISC. No.80668 of 2019(3) dt.19-03-2020 2/3 attempted to kill him but anyhow, he could be saved. At present, the son of the informant was a member of Panchayat Samiti of Jaynagar Ward No. 9 and prior to that he was the member of Zila Prishad. He also contested the election of M.L.A. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 07.09.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has come in the present case on the basis of confessional statement of co-accused. Except for this, neither there is substantive evidence to suggest the implication of the petitioner nor there is circumstantial evidence to suggest the participation of the petitioner in the present case. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.80668 of 2019(3) dt.19-03-2020 3/3 the like amount each to the satisfaction of the learned C.J.M. Madhubani, in connection with Jaynagar P.S. Case No. 437 of 2019.

(Sudhir Singh, J) U.K./- U T