Allowed

Md. Naushad v. the State of Bihar

Patna HC14 Jun 2023CR. MISC./29530/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the Patna High Court granted bail to the petitioner who was accused of murder and offences under the Arms Act. The court observed that specific allegations of firing were against a co-accused and directed release on a bail bond of Rs. 10,000 with conditions.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each under specified conditions.

Md. Naushad Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29530 of 2023

¶2

Arising Out of PS. Case No.-759 Year-2022 Thana- KATIHAR NAGAR District- Katihar

¶3

======================================================

¶4

MD. NAUSHAD SON OF MD. JALIM R/O VILLAGE- LADAKANIYA TOLA, AZADNAGAR, P.S.- KATIHAR NAGAR, DISTRICT- KATIHAR

¶5

... ... Petitioner/s

¶6

Versus

¶7

THE STATE OF BIHAR BIHAR

¶8

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vaishnavi Singh For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

¶9

4 14-06-2023

¶10

Heard learned counsel for the petitioner and learned A.P.P. for the State.

¶11

The petitioner seeks bail in connection with Sessions Trial No. 126 of 2023 arising out of Katihar Nagar P.S. Case No. 759 of 2022 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Sections 27 of the Arms Act.

¶12

As per prosecution case, informant’s elder son went for a walk towards Bhagwan Chowk and when he did not return home till late night, informant alongwith his another son started searching him. When they reached at Channadih, they saw that the petitioner and others were quarreling and abusing with informant’s elder son. Thereafter, informant told his elder son to go home and when informant’s elder son started moving, co-accused Mazhar Ali @ Khusboo fired upon the head of the informant’s elder son as a

¶13

Patna High Court CR. MISC. No.29530 of 2023(4) dt.14-06-2023 2/3

¶14

result of which he sustained injury and fell down. It is further alleged that petitioner and others also fired upon the informant and his another son but they saved themselves by lying on the ground. On hulla, local people gathered there and informant’s elder son was taken to Sadar hospital where doctor declared him dead.

¶15

Learned counsel for the petitioner submits that there is no specific allegation of firing against the petitioner rather the specific allegation of firing is against co-accused Mazhar Ali @ Khusboo who fired upon the informant’s elder son who succumbed to injury. He further submits that petitioner is not the assailant of the deceased. He further submits that petitioner is innocent and he has falsely been implicated in the present case. Moreover, petitioner is in custody since 16.11.2022 and bears criminal antecedent of one case which is not similar to the present case. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.

¶16

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

¶17

Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner

¶18

Patna High Court CR. MISC. No.29530 of 2023(4) dt.14-06-2023 3/3

¶19

above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge – V, Katihar in connection with Sessions Trial No. 126 of 2023 arising out of Katihar Nagar P.S. Case No. 759 of 2022, subject to following conditions:-

¶20

(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

¶21

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

¶22

(iii) 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.

¶23

(Alok Kumar Pandey, J)

¶24

alok/-

¶25

U T

Md. Naushad v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Naushad v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nitish Kumar Paswan @ Mita Vs The State of Bihar

Shivji Yadav @ Ghurahu Yadav Vs the State of Bihar

Md. Asfaque Vs the State of Bihar

Mithilesh Rai Vs the State of Bihar

Jai Lal Mahto Vs The State of Bihar

Basant Raut @ Basant Rawat @ Vasnat Rawat Vs The State of Bihar