Patna High Court
Saddam @ Saddam HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner subject to a bond of Rs. 10,000 and two sureties, under the conditions of Section 482(2) of the BNSS.
Summary
The petitioner, Saddam Hussain, was named in an FIR for alleged participation in assault, robbery and other offences arising from a land dispute, but he contended that the primary accusation was against his brother, Manzoor Alam, and that he was implicated solely due to kinship. The police had submitted a closure report against him, yet the jurisdictional magistrate proceeded to take cognizance. The petitioner applied for bail, asserting a clean antecedent, while the State opposed the bail. The court examined the prima facie evidence indicating that the assault and snatching of cash were directed at the brother, and noted the police’s closure report. Considering these facts, the court directed that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner despite the magistrate taking cognizance of the case.
- Whether the closure report submitted by police negates the necessity of continued detention.
Legislation cited
- Bihar Negotiable Security Act — s. 482(2)
Subjects
- bail
- criminal procedure
- Section 482
- closure report
- cognizance
- land dispute
- assault
- robbery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30721 of 2026
Arising Out of PS. Case No.-42 Year-2021 Thana- POTHIYA District- Kishanganj
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Saddam @ Saddam Hussain S/o- Pajiruddin Resident of Village- Chhota
Suhagi PS- Pothiya District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Jubair Ansari
For the Opposite Party/s : Mr.Satya Nand Shukla
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 12-05-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Pothiya P.S.
Case No. 42 of 2021 registered for the offences
punishable under Sections 341, 323, 307, 302, 504,
506, 34, 302 of IPC.
3. As per FIR on 25.02.2021 at about 4:30 PM
when there was a panchayti for a land dispute between
the parties certain hot exchange took place, whereafter,
petitioner alongwith other co-accused persons assaulted
informant and others causing head and bodily injuries
and also snatched Rs. 2500/- from the informant.
Patna High Court CR. MISC. No.30721 of 2026(2) dt.12-05-2026
2/3
4. It is submitted by learned counsel appearing
on behalf of the petitioner that as per FIR, the thrust of
allegation is available against one Manzoor Alam and this
petitioner implicated only for the reason that he is the
brother of Manzoor Alam. It is pointed out that after
investigation police submitted closure report against this
petitioner but the learned Jurisdictional Magistrate taking
different view, took cognizance against this petitioner.
Petitioner claimed clean antecedent.
5 Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and
by taking note of fact as the thrust of allegation qua
physical assault and of snatching cash during the
occurrence is prima-facie appears available against the
brother of the petitioner namely Manzoor Alam, coupled
with the fact that police after investigation submitted
closure report against this petitioner, accordingly
petitioner above-named, in the event of his arrest or
surrender before the court below within a period of four
Patna High Court CR. MISC. No.30721 of 2026(2) dt.12-05-2026
3/3
weeks, is directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of
the learned Addl. District and Session Judge 1 st cum
Special Judge Kishanganj /concerned Court, where the
case is pending in connection with Pothiya P.S. Case No.
42 of 2021, subject to the conditions as laid down under
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U
T
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