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Nausher Ali v. The State of Bihar

Patna HC5 Feb 2025CR. MISC./1538/2025

Case brief

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What is this about?

Single judge of the Patna High Court granted anticipatory bail to the petitioner not named in the FIR, relying on the acquittal of the sole co-accused who implicated him. The order granted bail on surrender within four weeks subject to financial deposit.

What did the court decide?

Petitioner directed to be released on bail after surrendering within four weeks, furnishing a bail bond of Rs. 10,000 with two sureties of the same amount.

Nausher Ali Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1538 of 2025

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Arising Out of PS. Case No.-85 Year-2019 Thana- SIWAN MUFFASIL District- Siwan

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

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Nausher Ali Son of Kyamuddin @ Kyamuddin Miya Resident of Village - Chakia, P.S. - Mahadeva O.P., District - Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Adv For the Opposite Party/s : Mr. Arun Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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2 05-02-2025

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Heard learned counsel appearing on behalf of the

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petitioner and learned Additional Public Prosecutor appearing

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on behalf of the State.

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The accused/petitioner is not named in the

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F.I.R. and apprehended his arrest in connection with Siwan Mufassil (Mahadeva O.P.) P.S. Case No. 85 of 2019 registered for the offences punishable under Sections 341, 307, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

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As per the case of prosecution, some unknown

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persons opened fire upon informant sitting at his medical shop, where reason of firing was not selling of cough syrup to

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Patna High Court CR. MISC. No.1538 of 2025(2) dt.05-02-2025 2/3

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the petitioner and other co-accused without medical prescription.

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Learned counsel appearing on behalf of the petitioner submitted that after 8 months of alleged occurrence of this case Shamsher Ali was arrested in Siwan Mufassil P.S. Case No. 406 of 2019, where he recorded his statement qua his involvement with the present occurrence and during his confession, he named this petitioner also. It is pointed out that aforesaid co-accused namely Shamsher Ali after facing full-fledged trial was acquitted by learned ADJ-VII, Siwan through judgment dated 23.08.2023, passed in Sessions Trial No. 712 of 2022. While concluding the argument learned counsel submitted that petitioner found involved in one more case, where he is on bail.

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Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.

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In view of the aforesaid facts and circumstances and by taking note of the fact as except confessional statement of co-accused, who has already been acquitted by learned trial court, nothing incriminating appears against this

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Patna High Court CR. MISC. No.1538 of 2025(2) dt.05-02-2025 3/3

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petitioner qua crime in question, accordingly the petitioner above named, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan/concerned Court below where the case is pending in connection with Siwan Mufassil (Mahadeva O.P.) P.S. Case No. 85 of 2019 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS.

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(Chandra Shekhar Jha, J.)

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S.Tripathi/-

Nausher Ali v. The State of Bihar

Case brief

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Nausher Ali v. The State of Bihar

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