Md. Naushad @ Nausad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 7256 of 2023 Arising Out of PS. Case No.-193 Year-2022 Thana- LODIPUR District- Bhagalpur ====================================================== 1.

Md. Naushad @ Nausad Son Of Late Md. Jamal R/O Vill.- Jagatpur, P.S.- Lodipur, Distt.- Bhagalpur 2.

Bebi Shakila @ Shakila @ Bibi Rubi Wife Of Md. Naushad @ Nausad R/O Vill.- Jagatpur, P.S.- Lodipur, Distt.- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 03-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in connection with Lodipur P.S. Case No. 193 of 2022 dated 07.08.2022, instituted for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code.

3. The allegation against the petitioners is that the informant, after getting information about the altercation between Md. Raja and his son Md. Parwez on account of some previous dispute in the field of one Jagdish Manga, went there and saw that Md. Parwez gave knife blow on the neck of his son and after throwing the knife, he fled away. It is further alleged

Patna High Court CR. MISC. No. 7256 of 2023(2) dt.03-05-2023 2/2 that on the same day at about 08.30 A.M., the petitioners told Md. Raja to kill the informant's son, who died in course of treatment.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case because they are the parents of co-accused of Md. Raja. Lastly, it has been submitted that the petitioners are in judicial custody since 08.08.2022 having no criminal antecedents. It has been stated that Charge-sheet has been submitted in the case.

5. Learned counsel for the informant as well as learned counsel for the State has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M 1st class, Bhagalpur in Lodipur P.S. Case No. 193 of 2022. (Khatim Reza, J) premchand/- U T