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Patna High Court

Md. NaushadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail and allowed the application.

Summary

The petitioner, Md. Naushad, applied for bail in a case registered under Sections 302, 120B/34 of the Indian Penal Code and Sections 25(1‑B)a, 26, 27, 35 of the Arms Act, relating to the killing of a dreaded criminal. He had been in custody since 25‑10‑2025 and claimed innocence, asserting that he was merely the driver of co‑accused Nitesh Kumar, who had already been granted bail. The prosecution alleged that the petitioner was involved in the murder and related offences. The court examined whether the seriousness of the charges and the circumstances justified denial of bail. Considering the petitioner’s claim of non‑participation and the precedent of bail to the co‑accused, the court allowed the bail application. The petitioner was ordered to be released on a bail bond of Rs.10,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to bail despite being charged with murder, conspiracy, and offences under the Arms Act
  • Whether the grant of bail to a co‑accused influences the bail eligibility of the petitioner
  • Whether the nature of the alleged offences warrants a denial of bail under the Criminal Procedure Code

Legislation cited

Subjects

  • bail
  • murder
  • conspiracy
  • arms possession
  • IPC
  • Arms Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20081 of 2026
                       Arising Out of PS. Case No.-1571 Year-2023 Thana- DANAPUR District- Patna
                 ======================================================
                 Md. Naushad Son of Late Md. Yasin R/o- Choti Haveli Saguna Behind SDPO
                 Office, P.S.- Danapur, District - Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Samrendra Kumar Jha
                 For the Opposite Party/s :       Mr.Madhura Nand Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   25-06-2026                    Heard the parties.

                                   2. The petitioner seeks bail in connection with

                   Danapur P.S. Case No. 1571 of 2023 registered for the offence

                   under Sections 302, 120B/34 of the Indian Penal Code and

                   under Sections 25(1-B)a, 26, 27, 35 of the Arms Act.

                                   3.    As per the prosecution case,               one dreaded

                   criminal namely Abhishek Singh was killed in the Court.

                                   4. The petitioner is in custody since 25.10.2025.

                                   5. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in this

                   case. He further submits that the petitioner is the driver of one

                   Nitesh Kumar and Nitesh Kumar has already been granted bail.

                   He next submits that the deceased was himself a dreaded

                   criminal of the society.
          Patna High Court CR. MISC. No.20081 of 2026(5) dt.25-06-2026
                                                      2/2




                                    6. Considering the aforesaid facts, this application

                    is allowed.

                                     7. Let the petitioner, above named, be released on

                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned concerned Court below in connection with Danapur

                    P.S. Case No. 1571 of 2023.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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