Patna High CourtCR. MISC./59375/2024bail granted

Nausad Ali @ Nausad v. The State Of Bihar

2024-10-04Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59375 of 2024 Arising Out of PS. Case No.-70 Year-2023 Thana- DANDKHORA District- Katihar ====================================================== Nausad Ali @ Nausad, Son of Late Abdul Majid @ Majid Ali, Resident of Village - Majheli, P.S. - Pranpur, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Musowir, Advocate Mr. Shadab Akhter, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-10-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Dandkhora P.S. Case no. 70 of 2023 (Sessions Trial no.660 of 2023) registered under sections 302 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the informant and his family members having gone to sleep, in the morning, it transpired that the throat of his son had been slit and he had been killed. The informant's daughter disclosed that Md. Wahid @ Chhotu along with others had committed the crime and had also threatened her.

Patna High Court CR. MISC. No.59375 of 2024(2) dt.04-10-2024 2/3

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 9.4.2024 (Annexure-1) passed in Cr. Misc. no. 83661 of 2023 giving liberty to the petitioner to renew his prayer for bail on completing one year in custody or on framing of charge, whichever is later. Learned counsel for the petitioner produces a certified copy of the order-sheet dated 11.9.2024 passed in Sessions Trial no.660 of 2023 (State vs. Md. Naushad and Ors.). On perusal of the same it transpires that charge has been framed against the petitioner Naushad Ali @ Nausad and one another on 11.9.2024 in Sessions Trial no.660 of 2023 under sections 302/34, 120B and 201 of the Indian Penal Code.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., liberty granted to the petitioner in the earlier order of rejection dated 9.4.2024, charge having been framed in the learned trial Court on 11.9.2024 and the petitioner having remained in custody for more than 1 year since 18.7.2023, the petitioner is directed to be enlarged on bail in connection with Dandkhora P.S. Case no. 70 of 2023 (Sessions Trial no.660 of 2023) on furnishing bail bond

Patna High Court CR. MISC. No.59375 of 2024(2) dt.04-10-2024 3/3 of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J-III, Katihar.

(Partha Sarthy, J) avinash/- U T