Md. Nurul @ Nurul Hassan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23700 of 2025 Arising Out of PS. Case No.-315 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== Md. Nurul @ Nurul Hassan S/o Md. Safique @ Safirul Hassan R/o MohallaBhusunda, P.S.- Muffasil, District- Gaya, BIhar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Muffasil (Gaya) P.S. Case No. 315 of 2024 instituted for the offence under Sections 302/34 of the Indian Penal Code. 3.

The petitioner, along with co-accused, allegedly called the informant's son from his home and later murdered him, following prior death threats.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19-10-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.23700 of 2025(3) dt.29-07-2025 2/3 counsel that petitioner has been falsely implicated in the present case by the informant to shield his own son, who died while allegedly committing theft at night. It is claimed that the deceased had prior enmity with the accused and no reasonable person would accompany them at 3:00 A.M. The case diary and supervising officer's findings support the version that the death occurred due to accidental collapse of a cemented slab during an attempted theft. Other co-accused has been granted bail by this Court vide order dated 13-05-2025, passed in Cr. Misc. No. 17523 of 2025.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. As per postmortem report, cause of death is hemorrhage and shock due to lung and liver injuries. Charge sheet has already been submitted in this case.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.23700 of 2025(3) dt.29-07-2025 3/3 Court below/concerned Court in connection with Muffasil (Gaya) P.S. Case No. 315 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T