Patna High Court
Md. Sattar @ SaddamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond, sureties, and specified conditions.
Summary
The petitioner, Md. Sattar @ Saddam, was arrested on 16 October 2025 in connection with a FIR alleging firing on an informant's father, charged under sections 103, 303(2), 62 read with 3(5) of the B.N.S., 2023 and section 27 of the Arms Act. He contended that he was falsely implicated, not named in the FIR, and that the only material linking him to the crime was a confessional statement of co‑accused Suman Kumar Yadav, with no other corroborative evidence. The State opposed bail, highlighting five other pending cases against the petitioner, though noting he was already on bail in those matters. The Court considered the lack of direct evidence, the granting of bail to other co‑accused, and the petitioner’s right to liberty, and ordered his release on bail with a Rs.10,000 bond and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was issued without delay for verification, emphasizing the petitioner’s obligation to appear before the trial court.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the charges and the evidentiary material.
- Whether the confessional statement of a co‑accused suffices to justify continued detention of the petitioner.
- Whether the petitioner’s other pending criminal cases affect the grant of bail in the present matter.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103, 303(2), 62 read with 3(5)
Subjects
- bail
- criminal procedure
- confessional statement
- arms act
- false implication
- pending cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10769 of 2026
Arising Out of PS. Case No.-16 Year-2025 Thana- Marnga District- Purnia
======================================================
Md. Sattar @ Saddam S/o Late Rafique Nadaf Resident of village-
Manganpatti, Ps- Falka, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvottam Kumar, Advocate
For the State : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 02-04-2026 Heard Mr. Sarvottam Kumar, learned counsel for the
petitioner and Mr. Shahabuddin Azeem @ S. Azeem, learned APP
for the State.
2. Petitioner seeks bail, who is in custody since
16.10.2025, in connection with Maranga P.S. Case No. 16 of 2025,
F.I.R. dated 01.10.2025 registered for the offences punishable
under Sections 103, 303(2), 62 read with 3(5) of the B.N.S., 2023
and Section 27 of the Arms Act.
3. The F.I.R. of the occurrence of firing upon the
informant’s father is against unknown.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the petitioner is not named in
the F.I.R. and the name of the petitioner has been transpired
Patna High Court CR. MISC. No.10769 of 2026(3) dt.02-04-2026
2/3
during investigation on the basis of confessional statement of co-
accused person, namely, Suman Kumar Yadav and except the
confessional statement of co-accused person, no other cogent
material has come during investigation to suggest the involvement
of the petitioner in the present occurrence. He further submits that
co-accused persons, namely, Md. Rahmat Ansari @ Md. Rahmat
Asari @ Md. Rahmat and Bijali Nadaf have been granted bail by a
Coordinate Bench of this Court vide order dated 02.08.2025
passed in Cr. Misc. No. 38318 of 2025, another co-accused
person, namely, Md. Jabbar has been granted bail by a Coordinate
Bench of this Court vide order dated 08.12.2025 passed in Cr.
Misc. No. 81557 of 2025. He further submits that the police after
investigation submitted chargesheet against the petitioner and the
petitioner is in custody since 16.10.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries five more cases other than
the present one but fairly submits on the basis of paragraph-3 of
the bail petition that the petitioner is on bail in the pending
matters.
6. Considering the facts and circumstances of the case,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.10769 of 2026(3) dt.02-04-2026
3/3
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Purnea in connection with Maranga P.S.
Case No. 16 of 2025, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
Checking your session…