Created by Fuzzy Cloud

Patna High Court

Saddam @ Saddam HussainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.