Patna High Court
Shahnawaz Noori @ Md. Shahnawaj Noori @ Shahnawaj NoorversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, in view of the petitioner’s clean antecedents, the tardy progress of the trial and the period of custody, bail should be granted.
Summary
Shahnawaz Noori was charged under Sections 304B, 120B and 34 of the Indian Penal Code for a dowry‑death case. The trial had progressed slowly, with only three of seven prosecution witnesses examined, and the petitioner had been in custody since 24 January 2025. The petitioner, who has no prior criminal record, applied for bail after an earlier bail application was rejected on 9 May 2025. The State and the informant opposed the bail, citing the seriousness of the offences. Considering the petitioner’s clean antecedents, the delayed trial, and the length of custody, the court allowed the bail application, ordering release on a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to a petitioner charged with dowry death and criminal conspiracy given the seriousness of the offences
- Whether the slow progress of the trial and the petitioner’s clean antecedents justify the grant of bail
Legislation cited
- Indian Penal Code — s. 120B, 304B, 34
Subjects
- bail
- dowry death
- IPC 304B
- criminal conspiracy
- trial delay
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32 of 2026
Arising Out of PS. Case No.-439 Year-2023 Thana- BAHERA District- Darbhanga
======================================================
Shahnawaz Noori @ Md. Shahnawaj Noori @ Shahnawaj Noor Abdul
Khalique R/o Village - Fardha, P.S. - Bahera, Dist. - Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sabila Khatoon Wife of Ali Ahmad R/o Village - Khirna, P.S. - Kewati,
Distt. - Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sarvadeo Singh, Advocate
For the State : Mr. Bharat Lal, APP
For the Informant : Mr. Om Prakash Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the
informant/Opposite Party No. 2.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 304B, 120B and 34 of the
Indian Penal Code.
3. Earlier, the prayer for grant of bail to the petitioner
was rejected by this Court vide order dated 09.05.2025 passed in
Cr. Misc. No. 19693 of 2025.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
Patna High Court CR. MISC. No.32 of 2026(2) dt.13-02-2026
2/2
In this case, charges have already been framed against the
petitioner and till date, only three out of seven prosecution
witnesses have been examined. Petitioner has got no criminal
antecedents and he is in custody since 24.01.2025.
5. On the other hand, learned A.P.P. for the State and
learned counsel for the informant/Opposite Party No. 2 have
vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, slow and tardy progress of trial, clean antecedents of the
petitioner and period of custody, the prayer for grant bail of to
the petitioner is allowed.
7. Accordingly, let the above named petitioner 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 learned Additional Sessions Judge-I, Benipur,
Darbhanga in connection with Bahera P.S. Case No. 439 of
2023.
(Prabhat Kumar Singh, J)
shashank/-
U T
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