Patna High Court
Md. Naushad @ Md. NausadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, subject to a bail bond of Rs.10,000 and two sureties.
Summary
The petitioner, Md. Naushad, was arrested in connection with a case registered under sections 74, 75 and 76 of the Bharatiya Nyaya Sanhita, 2023, alleging that he attempted to force a woman onto his motorcycle and misbehaved when she resisted. He has been in custody since 8 October 2025 and claims he was falsely implicated, asserting that the alleged incident never occurred and that both parties are adults and friends. The State opposed his application for regular bail. The Court considered the seriousness of the allegations, the fact that a charge‑sheet had been filed, the petitioner’s five‑month pre‑trial detention, and his clean criminal record. Accordingly, the Court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Judicial Magistrate. The bail order was pronounced by Justice Partha Sarthy.
Issues considered
- Whether the petitioner is entitled to regular bail despite the charges under sections 74, 75 and 76 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the length of pre‑trial detention and the petitioner’s lack of criminal antecedents justify granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 74, 75, 76
Subjects
- regular bail
- pre‑trial detention
- criminal antecedent
- Bharatiya Nyaya Sanhita
- sections 74-76
- sexual assault allegation
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18318 of 2026
Arising Out of PS. Case No.-194 Year-2025 Thana- JAMALPUR District- Munger
======================================================
Md. Naushad @ Md. Nausad Son of Late Md. Babloo @ Md. Nazir Resident
of Mohalla - Sadar Bazar, Ward No.- 21, P.S.- Jamalpur, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Saurabh, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Jamalpur P.S. Case no.
194 of 2025 registered under sections 74, 75 and 76 of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that the petitioner used to tease her. On the date of occurrence
he tried to forcible make her sit on his motorcycle and on her
resisting, he misbehaved with her.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No such occurrence
as alleged in the FIR has taken place. The petitioner and the
informant are both adults and friends and the instant case has been
filed at the instance of others for oblique reasons. The petitioner is in
Patna High Court CR. MISC. No.18318 of 2026(2) dt.25-03-2026
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custody since 8.10.2025 and has no criminal antecedent.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR together with the petitioner having remained in custody
for over five months since 8.10.2025, chargesheet having been
submitted in the case and specially the petitioner not having any
criminal antecedent, the Court directs the petitioner to be enlarged
on bail in connection with Jamalpur P.S. Case no. 194 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate 1st Class, Munger.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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