Allowed
Md. Naushad @ Abunshab v. The State Of Bihar
Patna HCCR. MISC./55006/2024
Case brief
from the order text
What is this about?
COURT OF JUDICATURE AT PATNA CRIMINAL…
What the court decided
AI extract
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55006 of 2024
Arising Out of PS. Case No.-204 Year-2023 Thana- KADWA District- Katihar
======================================================
Md. Naushad @ Abunshab Son of Late Md. Kasu @ Kasfuduja R/O Vill.Kanhariya, P.s.- Dagarua, Dist.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Md Musowir, Adv For the Opposite Party/s : Ms. Sharda Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 08-08-2024
Heard learned counsel for the petitioner and learned
A.P.P for the State.
Patna High Court CR. MISC. No.55006 of 2024(2) dt.08-08-2024 2/3
inordinate delay of 17 days. The petitioner is not named in the F.I.R. The name of the petitioner has surfaced in this case only on the basis of the confessional statement of the co-accused Md. Mohib who disclosed the involvement of the petitioner in the alleged crime of theft. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated coaccused has already been granted bail by the co-ordinate bench of this court vide order dated 26.06.2024 passed in Cr. Misc. No. 42841 of 2024. Learned counsel has further submitted that the petitioner has no concern with the alleged recovery. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 19.01.2024.
( i ). The petitioner is directed to remain physically present before the learned Court below
Patna High Court CR. MISC. No.55006 of 2024(2) dt.08-08-2024 3/3
on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.
(Chandra Prakash Singh, J)
Jyoti/-
U T
1 issue framed by the court
Whether the petitioner, implicated on the basis of a co-accused's confession with no recovery from him, should be granted regular bail despite criminal antecedents?
1 provisions across 1 enactments
Md. Naushad @ Abunshab
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court