Patna High Court
Sdam Kha @ Saddam KhanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that, in the absence of any new ground and with the trial in progress, the bail application must be dismissed.
Summary
The petitioner, Sdam Kha (Saddam Khan), applied for regular bail in a criminal case (Fatehpur P.S. Case No. 710 of 2023) for the third time. Earlier bail applications were rejected on 17‑02‑2024 and 20‑06‑2025. The petitioner’s counsel claimed innocence and alleged false implication, while the State counsel pointed out that charges have been framed and the trial is underway. The Court examined whether any new ground existed to revisit its earlier bail orders. Finding that the trial was progressing and the offence was grave, the Court saw no fresh basis to grant bail. Consequently, the bail application was dismissed and the Senior Superintendent of Police, Gaya, was directed to ensure witness attendance. The order was to be communicated to the police via fax.
Issues considered
- Whether the petitioner is entitled to regular bail at this stage of the trial
- Whether any new ground exists to review the earlier bail dismissals
Subjects
- regular bail
- criminal procedure
- trial pending
- no new ground
- bail dismissal
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91320 of 2025
Arising Out of PS. Case No.-710 Year-2023 Thana- FATEHPUR District- Gaya
======================================================
Sdam Kha @ Saddam Khan S/O Abbas Khan @ Aawas Khan Resident of
village - Tali, P.S- wazirganj, Distt.- Gaya, State- Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Barial
For the Opposite Party/s : Mr.Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard the parties.
2. This is the third attempt of the petitioner for grant
of regular bail in connection with Fatehpur P.S. Case No. 710 of
2023. Earlier the bail application of the petitioner was rejected
vide order dated 17.02.2024 passed in Cr. Misc. No. 5895 of
2024 and vide order dated 20.06.2025 passed in Cr. Misc. No.
88451 of 2024.
3. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case.
4. Learned counsel for the State has submitted that the
charges have already been framed in this case and the trial is
progressing.
5. In view of the fact that the trial is progressing and
Patna High Court CR. MISC. No.91320 of 2025(2) dt.12-02-2026
2/2
the considering the gravity of the offence, this Court finds no
new ground to review its earlier order.
6. Accordingly, this application is dismissed.
7. The Senior Superintendent of Police, Gaya is
directed to ensure the attendance of the witnesses in the trial.
8. Let a copy of this order be communicated to the
Senior Superintendent of Police, Gaya through FAX for its
compliance.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.