Patna High Court
Saddam Hussain @ Saddam MansuriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that bail should be granted to the petitioner, subject to bond and surety conditions, as he was not arrested and no weapon was recovered from him.
Summary
The petitioner, Saddam Hussain, was implicated in an arms case (Bhore P.S. Case No. 97 of 2024) under Sections 25(1‑B)(a), 26 and 35 of the Arms Act after a co‑accused, Rajeshwar Yadav, was caught with a loaded pistol and identified him. The petitioner argued that he was not arrested at the scene, no incriminating article was recovered from him, and that he was falsely implicated, citing the anticipatory bail granted to a similarly situated co‑accused, Mithun Yadav, in a related matter. The State opposed the bail application. The Court examined the facts, noting the absence of arrest and lack of seized weapon, and considered the principle of equality in bail decisions. It granted bail on the condition that the petitioner surrender within eight weeks, furnish a Rs.10,000 bond with two sureties, and comply with conditions under Section 482(2) of the BNSS, 2023. The order also required the petitioner’s presence at all court dates as directed by the trial court.
Issues considered
- Whether bail should be granted to the petitioner under the Arms Act when no arrest or incriminating article was made against him
- Whether the petitioner is entitled to bail on the same footing as a co‑accused who received anticipatory bail in a related case
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- bail
- Arms Act
- anticipatory bail
- Section 482
- BNSS 2023
- loaded pistol
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16205 of 2026
Arising Out of PS. Case No.-97 Year-2024 Thana- BHORE District- Gopalganj
======================================================
Saddam Hussain @ Saddam Mansuri, S/O Muslimm Mansuri, resident of
Village- Luhasi, P.S.- Bhorey, Distt.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suresh Prasad Bhakta, Advocate
For the Opposite Party/s : Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. In the present case, the petitioner is apprehending
his arrest in connection with Bhore P.S. Case No.97 of 2024,
registered under Sections 25 (1-B) a, 26 and 35 of the Arms Act.
3. As per the prosecution case, on seeing the police
personnel, the accused persons started to flee away and one of
the co-accused person namely, Rajeshwar Yadav was caught and
a loaded country made pistol was recovered from his possession
and he disclosed the names of petitioner and other co-accused
persons, who managed to escape.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
case. Neither the petitioner was arrested at the spot nor any
Patna High Court CR. MISC. No.16205 of 2026(2) dt.06-04-2026
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incriminating article was recovered from his possession. The
reason of his false implication are his antecedents as stated in
paragraph 3 of the bail petition. The petitioner undertakes to
cooperate in the case. The learned counsel further submits that
similarly situated co-accused person namely, Mithun Yadav has
been granted anticipatory bail by a Coordinate Bench of this
Court vide order dated 11.11.2024 passed in Cr. Misc. No.73379
of 2024.
5. The learned APP vehemently opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
fact that the petitioner was not arrested from the spot and no
incriminating article was recovered from his possession, let the
petitioner above named in the event of his arrest or surrender
before the court concerned within a period of eight weeks from
today, be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of learned Sub-
Divisional Judicial Magistrate, Gopalganj/court concerned, in
connection with Bhore P.S. Case No. 97 of 2024, subject to the
condition laid down under Section 482 (2) of the BNSS, 2023
Patna High Court CR. MISC. No.16205 of 2026(2) dt.06-04-2026
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and other following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the below, if so required
by the learned trial court.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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