Patna High Court
Md. Nouman @ Nouman Reza @ Noman RajaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed regular bail because the petitioner had been in custody for more than one and a half years and the trial was being delayed by the prosecution.
Summary
The petitioner, Md. Nouman, was arrested in June 2024 on charges of murder, dowry‑related homicide and several other offences under the Indian Penal Code. He had been in custody for over one and a half years and his earlier bail application was rejected. The petitioner’s counsel argued that he was falsely implicated, that only three of six witnesses had been examined, and that his right to a speedy trial was being violated. The State opposed bail, citing the seriousness of the offences. The court noted the undue delay caused by the prosecution and the prolonged pre‑trial detention, and therefore granted regular bail on the condition of a Rs.10,000 bond with two sureties and compliance with trial attendance requirements. The bail order was subject to cancellation if the petitioner fails to appear as directed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the grave nature of the offences charged.
- Whether the delay in trial and prolonged pre‑trial detention justify the grant of bail.
Legislation cited
- Indian Penal Code — s. 302, 304-B, 307, 323, 34, 341, 504, 506
Subjects
- regular bail
- right to speedy trial
- murder
- dowry death
- Indian Penal Code
- bail conditions
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11061 of 2026
Arising Out of PS. Case No.-160 Year-2024 Thana- DAGARUA District- Purnia
======================================================
Md. Nouman @ Nouman Reza @ Noman Raja S/o- Md. Anwarul Hak @
Anvarul Haque @ Anwarul R/o - Kanharia, Ward No.12, P.O - Majgaama, P.S
- Dagarua, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 18-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection Dagarua/Dagarwa P.S. Case No. 160
of 2024 registered for the offence under Sections 341, 323, 302,
304-B, 307, 504, 506, 34 of Indian Penal Code. Earlier the bail
application of the petitioner was rejected vide order dated
02.07.2025 passed in Cr. Misc. No. 264 of 2025.
3. As per the prosecution case, petitioner who is the
husband of the deceased is alleged to have killed the deceased
for dowry. Petitioner is in custody since 02.06.2024.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case. Learned
counsel further submits that out of six, three witnesses have been
examined. Learned counsel next submits that the petitioner has a
Patna High Court CR. MISC. No.11061 of 2026(2) dt.18-02-2026
2/2
right of speedy trial. The petitioner undertakes to co-operate in the
case/ trial.
5. Learned APP for the State has opposed the prayer for
regular bail of the petitioner.
6. Considering the submissions advanced on behalf of
the parties as well as the fact that it is apparent that the trial is
being delayed by the prosecution and the petitioner is in jail for
more than 1 ½ years, therefore, considering the period of custody,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, 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 the learned Additional Sessions Judge-XIIth,
Purnia/concerned Court below in connection with
Dagarua/Dagarwa P.S. Case No. 160/2024 subject to the following
conditions:-
(i) the petitioner after being released on bail
is directed to co-operate in the trial either by appearing
personally or through his lawyer in the Trial Court on
each and every date fixed by the trial Court. Non-
compliance of the condition will result in cancellation of
the bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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