Noorsad @ Noor Shaid Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

Noorsad @ Noor Shaid Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Regular bail: petitioners to be enlarged on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Araria, in connection with Baunsi P.S. Case No. 62 of 2024.

Issue for consideration

Whether regular bail should be granted to the petitioners (Noorsad @ Noor Shaid and Md. Ismail) in connection with Baunsi P.S. Case No. 62 of 2024, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354B, 379 and 504 IPC (Section 302 IPC later added), taking into account the allegations, claimed absence of recovery and specific allegation against petitioner no. 1, alleged non-vital-part injury on the informant, absence of injury report, parity with the bailed-out co-accused, the petitioners' four criminal antecedents and their period of custody since 07.04.2024.

Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioners were directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Araria, in connection with Baunsi P.S. Case No. 62 of 2024.

Ratio / Principle

The bail application stands allowed.

Detailed headnote1 paragraphs

Bail — Regular bail granted. Petitioners Noorsad @ Noor Shaid and Md. Ismail, in custody since 07.04.2024 in Baunsi P.S. Case No. 62 of 2024 (District Araria), registered for offences punishable u/s 147, 148, 149, 341, 323, 324, 325, 307, 354B, 379 and 504 IPC, with Section 302 IPC later added, were enlarged on bail on furnishing bail-bond of Rs. 20,000/- each with two sureties of the like amount each, the Court acting on the facts and circumstances of the case and the period of custody; defence pleaded innocence, absence of recovery, no specific allegation against petitioner no. 1, injury confined to non-vital parts and absence of injury report, and cited parity with a co-accused bailed out on 20.08.2024 in Cr. Misc. No. 55890 of 2024; four criminal antecedents of the petitioners were placed on record. Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59097 of 2024

Arising Out of PS. Case No.-62 Year-2024 Thana- BAUNSI District- Araria

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

Noorsad @ Noor Shaid Son of Abdul Rashid R/V- Village- Farkiya (Tilkobari), Ward No. 01, P.S.- Baunsi, Distt.- Araria

Md. Ismail @ Ismail Son of Abdul Rashid R/V- Village- Farkiya (Tilkobari), Ward No. 01, P.S.- Baunsi, Distt.- Araria

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kishore Bharti For the Opposite Party/s : Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER

3 12-09-2024

Heard learned counsel for the petitioners and

learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Baunsi P.S. Case No. 62 of 2024 dated 06.04.2024 registered for the offences punishable u/s 147, 148, 149, 341, 323, 324, 325, 307, 354B, 379, 504 of the I.P.C later on Section 302 of the I.P.C is added.

3 . As per the prosecution case, the petitioners and the co-accused person holding lathi, danda and iron rod entered the house of the informant and the co-accused Md. Arsad inflicted blow of a sharp hasua on the head of the informant’s brother with intent to kill. Thereafter, the accused persons also assaulted

Patna High Court CR. MISC. No.59097 of 2024(3) dt.12-09-2024 2/3

the father of the informant with iron rod causing severe injury. When the informant came to rescue his father then the petitioner Md. Ismail assaulted the informant on his right hand and waist causing injury. They took away Rs. 2,00,000 and a mobile phone.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. There is no specific allegation against the petitioner no. 1 and only allegation of assault is levelled against the petitioner no. 2 Md. Ismail who assaulted the informant on his right hand and waist which is on non vital part of the body. Learned counsel has further submitted that there is no injury report on the record. The co-accused person has already been granted bail by this court vide order dated 20.08.2024 passed in Cr. Misc. No. 55890 of 2024. The petitioners have four criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 07.04.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.59097 of 2024(3) dt.12-09-2024 3/3

of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Baunsi P.S. Case No. 62 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J)

Gautam/-

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