MD SADDAM HUSAIN ALIAS MD SADDAM v. THE STATE OF JHARKHAND
Cr.A(SJ)/299/2026 · 2026-08-13
Rajesh Kumar
Criminal Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 23474 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 23474 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:24216
IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J) No.299 of 2026 ----
1. Md. Saddam Husain @ Md. Saddam, aged about 37 years;
2. Md. Mokaram Alam @ Md. Mokal, Aged about 33 years;
3. Md. Kadir Alam @ Md. Kadir, Aged about 18 years; All are sons of Md. Sajmuddin, residents of Village Rupni, P.O. & P.S. Basantrai, District Godda.
…. …. Appellant(s) -Versus-
1. The State of Jharkhand
2. xxxx
…. …. Respondent(s) ----
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ----
For the Appellants : Mr. Lukesh Kumar, Advocate
Md. Faiyaj Alam, Advocate
For the State
: Mr. Sardhu Mahto, A.P.P
For the Respondent No.2 : Ms. Ishani Sen,
J.C. to Mr. Abhijit Kumar, Amicus Curiae
----
04/Dated: 13th August, 2026
1. The present appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act.
2. Heard learned counsel for the appellants, learned counsel for the State and learned counsel for the respondent No.2/victim.
3. The present appeal has been filed against the order dated 26.02.2026, whereby and whereunder, the regular bail of the appellants has been rejected by the learned Special Judge (SC/ST Act), Godda in SC/ST Case No.12 of 2025 (Misc. Crl. Appl. No.164 of 2026) arising out of Basantrai P.S. Case No.38 of 2024, registered for the offence under Sections 115(2), 126(2), 109, 74, 76, 352, 3(5) of the B.N.S., 2023 and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The case is presently pending in the Court of learned Special Judge, (SC/ST Act), Godda.
4. It has been submitted by the learned counsel for the appellants that the appellants are in custody since 21.02.2026. It has further been submitted that it is a simple scuffle between two groups, which has wrongly been aggravated to the protective provision of the SC/ST Act. It has also been submitted that the investigation is complete and the appellants are ready to co-operate with the trial. On the above basis, prayer for bail has been made.
2026:JHHC:24216
2. Criminal Appeal (S.J) No.299 of 2026
5.
Learned counsel for the State and the learned counsel for the respondent No.2 have opposed the prayer for bail.
6. Considering the nature of crime and the period of custody, I am inclined to grant bail to the appellants. Accordingly, the appellants, named above, are
directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, (SC/ST Act), Godda in SC/ST Case No.12 of 2025 arising out of Basantrai P.S. Case No.38 of 2024, subject to the condition that the appellants will submit self-attested photocopy of his /her/their Aadhaar Card(s) and also submit his/her/their mobile number(s) before the learned trial court which he/she/they will always keep active during pendency of the case and will not change it without prior permission of the court.
7. In the result, the present criminal appeal stands allowed and accordingly,
disposed of.
8. The Member Secretary, Jharkhand State Legal Services Authority, Ranchi shall pay the remuneration, as admissible, to the learned Amicus, on submission of bill(s).
(Rajesh Kumar, J.) Dated: 13th August, 2026 Madhav/- Uploaded on:14/08/2026