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Patna High Court

Saddam Hussain @ Saddam MansuriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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