Patna High Court
Nausad AlamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court dismissed the bail application, finding no new ground to grant regular bail.
Summary
The petitioner, Nausad Alam, was charged under Section 302 of the Indian Penal Code and Section 27 of the Arms Act for the murder of a man whose wife allegedly conspired with the petitioner. The pistol used in the crime was recovered from a third person, Parwez Alam, and the petitioner has been in custody since 26 May 2023. This was the second application for regular bail after an earlier bail denial on 27 March 2024. The State argued that charges have been framed and the trial is underway, and no new material facts were presented. The Court examined the seriousness of the allegations and found no fresh ground to revisit its earlier decision. Consequently, the bail application was dismissed.
Issues considered
- Whether regular bail can be granted to the petitioner in a murder and illegal arms case where the trial has commenced and no new ground is shown.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302
Subjects
- bail
- murder
- Arms Act
- regular bail
- criminal trial
- charges framed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23844 of 2025
Arising Out of PS. Case No.-182 Year-2023 Thana- PHULWARIYA District- Gopalganj
======================================================
Nausad Alam S/O Fakrey Alam R/O Village- Bathua Bazar, P.S- Phulwariya,
Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Adesh Raj Singh
For the Opposite Party/s : Mr.Satya Nand Shukla
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 10-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Phulwariya P.S. Case No. 182
of 2023 registered for the offence under Sections 302 of the
Indian Penal Code and under Sections 27 of the Arms Act.
Earlier the bail application of the petitioner was rejected vide
order dated 27.03.2024 passed in Cr. Misc. No. 24781 of 2024
which reads as under:-
Heard learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks bail in connection
with Phulwariya P.S. Case No. 182 of 2023
registered for the offence punishable under Section
302 of the Indian Penal Code and Section 27 of the
Arms Act.
Patna High Court CR. MISC. No.23844 of 2025(5) dt.10-02-2026
2/2
3. The wife of the deceased who is the
informant of the case had conspired with her lover
who is the petitioner and got her husband killed.
The money for killing the deceased was provided
by the informant. The petitioner was caught and on
his confessional statement Parwez Alam was
caught from whom the pistol used in the crime has
been recovered. The petitioner is in jail since
26.05.2023.
4. Learned APP appearing for the State
opposes the prayer for regular bail of the
petitioner.
5. Considering the nature of allegation, I
am not inclined to grant bail to the petitioner.
6. Accordingly, this application stands
dismissed
3. Learned counsel for the State submits that the
charges have already been framed and the trial of the petitioner
has started.
4. In view of the above, this Court finds no new
ground to review its earlier order.
5. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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