Patna High Court
Saddam HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Saddam Hussain, was arrested in connection with a case alleging that he, along with a co-accused, stabbed the son of an informant, causing injury. The prosecution cited offences under Sections 126(2), 115(2), 109, 352, 118(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The petitioner’s counsel argued that he is innocent, the injury report does not corroborate the allegation, and he has no prior criminal record. The State opposed bail, citing the seriousness of the charges. After considering the submissions, the court granted bail on a cash bond of Rs. 10,000 with two sureties, imposing conditions such as regular court attendance, non‑tampering with evidence, and reporting any new similar charges. The bail order was issued by Justice Khatim Reza.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bhartiya Nyaya Sanhita, 2023
- Whether the lack of corroborative medical evidence and the petitioner’s clean record justify bail
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 352
Subjects
- bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- assault
- culpable homicide
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5337 of 2026
Arising Out of PS. Case No.-30 Year-2025 Thana- ARRABARI District- Kishanganj
======================================================
Saddam Hussain, S/O Abdul Hussain @ Md. Abulaish, R/O Village -
Panjirwa, P.S – Sugauli, Dist- Purvi Champaran (Motihari)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Arrabari P.S. Case No. 30 of 2025 dated 08.10.2025 instituted
for the offence punishable under Sections 126(2), 115(2), 109,
352, 118(1), 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the son of the
informant was working in the meat factory as labourer and
residing in the house of Soyeb Alam. On 07.10.2025, she got
information on phone that the petitioner with the help of co-
accused Ajam inflicted knife blows to her son and caused injury.
The local people took her son for treatment.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.5337 of 2026(3) dt.25-02-2026
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case. Learned counsel for the petitioner further submits that the
allegation levelled against the petitioner and co-accused is of
stabbing the informant’s son. The injury report does not
corroborate the allegation levelled against the petitioner. Lastly,
it has been submitted that the petitioner is in custody since
09.10.2025 having no criminal antecedents. Charge-sheet has
been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned ACJM IInd, Kishanganj in
connection with Arrabari P.S. Case No. 30 of 2025, subject to
the following conditions:-
1. Petitioner shall co-operate in the trial and shall
be properly represented on each and every date
fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation,
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preferably father, mother, brother, sister and or his
wife.
3. The bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is
made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at
liberty to move for cancellation of bail.
5. The petitioner within two weeks after his release
from custody shall appear before the local police
station along with a copy of this order and
thereafter shall appear in the first week of every
month to mark his attendance till framing of
charge.
(Khatim Reza, J)
premchand/-
U T
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