Patna High Court
Saddam Hussain @ SaddamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners, subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Saddam Hussain and Janarul, sought anticipatory bail fearing arrest in a case registered under several sections of the B.N.S. They argued that the allegations, stemming from a political dispute over voting, were false and that the injury report contradicted the claim of a stabbing. The petitioners highlighted their prior criminal antecedents but contended that earlier cases involved only minor IPC offences. The State opposed the bail, emphasizing the seriousness of the charges. The court examined the inconsistencies between the FIR and the medical report and considered the political context, ultimately granting anticipatory bail subject to strict conditions and a cash bond.
Issues considered
- Whether anticipatory bail should be granted despite the petitioners' prior criminal antecedents
- Whether the allegations of stabbing are substantiated in view of the injury report
- Whether the case is politically motivated and thus warrants bail
Legislation cited
Subjects
- anticipatory bail
- political dispute
- criminal antecedent
- injury report
- B.N.S. sections
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86128 of 2025
Arising Out of PS. Case No.-29 Year-2025 Thana- JIYAPOKHAR District- Kishanganj
======================================================
1. Saddam Hussain @ Saddam S/o- Karmulla Village- House No 30
Bandarjhula PS- Jiyapokhar Distt- Kishanganj
2. Janarul @ Mohamad Janna S/o- Karmulla Village- House No 30
Bandarjhula PS- Jiyapokhar Distt- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar Sinha
For the Opposite Party/s : Mr. Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 115(2),
118(1), 126(2), 109(1), 352, 351(2) and 3(5) of the B.N.S.
3. Learned counsel for the petitioners submits that
petitioner no.1 has antecedent of three cases and petitioner no.2
has antecedent of one case. It is next submitted that no doubt
petitioner no.1 has antecedent of three cases but then the
offences for which FIRs were registered were under minor
sections of the Indian Penal Code. It is further submitted that
informant alleges that on account of dispute relating to
Patna High Court CR. MISC. No.86128 of 2025(2) dt.19-01-2026
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preference in voting, Saddam (petitioner no.1) snatched his
motorcycle and made him sit on the motorcycle in between two
accused and Saddam asked the pillion rider to cut his throat by
knife, on which, pillion rider stabbed him on his thigh, on
account of which, informant fell from the motorcycle and the
motorcycle collided twice with other motorcycle during the
occurrence, on account of which, he became unconscious.
4. Learned counsel submits that petitioners have been
falsely implicated in the instant case by the informant. It is next
submitted that from perusal of the allegation as alleged in the
FIR, it would manifest that on account of dispute relating to
voting, it is alleged that petitioners forcefully made the
informant sit on a motorcycle and petitioners asked the pillion
rider to cut his throat by knife and the pillion rider stabbed him
in his thigh causing injury, on account of which, he fell from the
motorcycle but then it is submitted that from perusal of the
injury report annexes as Annexure-P/3 to the anticipatory bail
application, it would manifest that the injuries have been opined
to be simple in nature caused by hard and blunt substance. It is
thus submitted that allegation of stabbing gets belied by the
injury report. It is further submitted that the case is more
politically motivated.
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5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs.25,000/-
(Rupees Twenty Five Thousand) each with two sureties of the
like amount each to the satisfaction of learned trial court where
the case is pending/successor court in connection with
Jiyapokhar P.S. Case No.29/2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J)
amit/-
U T
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