Created by Fuzzy Cloud

Patna High Court

Md. SaddamversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court dismissed the bail application, refusing to grant bail to the petitioner.

Summary

The petitioner, Md. Saddam, was implicated in a robbery of silver and gold where an accomplice discharged a firearm, injuring a villager. He was named through a co‑accused's confessional statement, has a prior criminal record, and has been in custody since December 2024. The petitioner sought regular bail for offences under Sections 309(4), 309(6), 109(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The High Court had earlier rejected bail applications for the same case, citing the seriousness of the crime and the petitioner’s antecedents. The petitioner appealed to the Supreme Court, which dismissed the Special Leave Petition, leaving the High Court’s order intact. On a second bail application, the High Court again declined bail, reaffirming its earlier reasoning.

Issues considered

  • Whether bail should be granted to a petitioner who has confessed to participation in a violent robbery and possesses prior criminal antecedents.

Legislation cited

Subjects

  • bail
  • confession
  • criminal antecedents
  • theft
  • arms act
  • Bharatiya Nyaya Sanhita
  • high court
  • special leave petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32974 of 2026
                      Arising Out of PS. Case No.-23 Year-2024 Thana- Vishanpur District- Kishanganj
                 ======================================================
                 Md. Saddam S/o Jakir @ Md. Zakir Resident of Village- Bagmara, Ward No.
                 2, P.S.- Jokihat, District- Araria

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajit Kumar, Adv.
                 For the Opposite Party/s :        Mr. Nirmala Kumari, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   19-06-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. This is the 2nd attempt of the petitioner seeking bail

                   in connection with Bishanpur P.S. Case No. 23 of 2024

                   registered for the offence under Sections 309(4), 309(6) &

                   109(1) of the B.N.S. read with Section 27 of the Arms Act.

                                3. Earlier, the bail application of the petitioner was

                   rejected on 09.05.2025 in Cr. Misc. No. 18507 of 2025 which

                   reads as follows:-

                                                     “These applications are arising out of the
                                              same P.S. Case Number i.e., Bishanpur P.S.
                                              Case No. 23 of 2024. Hence, they are being
                                              heard together and are being decided by a
                                              common order.
                                                     2. Heard the learned counsel for the
                                              petitioners and learned APP for the State.
                                                     3. The petitioners seek regular bail in
                                              connection with Bishanpur P.S. Case No. 23 of
Patna High Court CR. MISC. No.32974 of 2026(2) dt.19-06-2026
                                            2/3




                                  2024 registered for the offence under Sections
                                  309(4), 309(6), 109(1) of the Bharatiya Nyaya
                                  Sanhita, 2023 and Section 27 of the Arms Act.
                                          4. As per the prosecution case, three
                                  unknown criminals looted four kilograms of
                                  silver and four bhars of gold from the informant
                                  and thereafter when the co-villagers tried to
                                  catch hold of the criminals, one of the criminals
                                  fired from his pistol which caused injury to one
                                  villager.
                                          5. So far as the petitioner namely Mun
                                  Munga Saha is concerned, he has given a self-
                                  inculpatory statement and has confessed his
                                  involvement in the crime. The petitioner has two
                                  criminal antecedents also. The petitioner is in
                                  custody since 05.12.2024.
                                          6. So far as the petitioner namely
                                  Tanveer Alam @ Tanveer is concerned, the
                                  name of the petitioner has come in the case
                                  during investigation. The petitioner has
                                  confessed his involvement in the crime and also
                                  stated the name of other accused persons as his
                                  associates. The petitioner is in custody since
                                  05.12.2024 and has two criminal antecedents.
                                          7. So far as the petitioner namely Md.
                                  Saddam is concerned, his name has come in the
                                  case on the confessional statement of co-
                                  accused Lalu @ Gulab. The petitioner has one
                                  criminal antecedent and is in custody since
                                  05.12.2024.
                                          8. So far as the petitioner namely
                                  Kuddam is concerned, the name of the petitioner
                                  in the case has come on the confessional
                                  statement of co-accused Lalu @ Gulab. The
                                  petitioner has three criminal antecedents and is
                                  in custody since 05.12.2024.
                                          9. Considering the allegations levelled
                                  against the petitioners as well as the criminal
                                  antecedents of the petitioners, I am not inclined
                                  to grant bail to the petitioners.
                                          10. Accordingly, these applications for
                                  regular bail are hereby rejected.”
            Patna High Court CR. MISC. No.32974 of 2026(2) dt.19-06-2026
                                                        3/3




                                   4. Thereafter, the petitioner has approached the

                      Hon’ble Supreme Court and the Hon’ble Supreme Court had

                      dismissed the Special Leave to Appeal (Crl.) No. 9655/2025 of

                      the petitioner vide the following order:-

                                                      “Upon hearing the counsel, the Court
                                              made the following
                                                                    ORDER
                                                      Having considered the averments made
                                              in the counter affidavit filed by the State of
                                              Bihar, we find no good ground and reason to
                                              interfere       with       the       impugned
                                              judgment(s)/order(s) passed by the High Court
                                              at this stage.
                                                      The special leave petitions are,
                                              accordingly, dismissed.
                                                      Pending application(s), if any, shall
                                              stand disposed of.”
                                   5. Considering the allegation levelled against the

                      petitioner, I am not inclined to review my earlier order.

                                   6. Accordingly, this application is dismissed again.



                                                 (Sandeep Kumar, J)
sadique/-

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.