Patna High Court
Naushad AlamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was dismissed, upholding the earlier order denying bail.
Summary
Naushad Alam was charged under Sections 302 and 34 of the Indian Penal Code for allegedly assaulting the father of an informant with weapons. He had previously applied for regular bail, which the Patna High Court dismissed on 23 May 2023. The petitioner renewed his bail plea, arguing that the trial had commenced and he had been in custody since 14 November 2022. The court, noting the seriousness of the offences and that the trial was already underway, declined to revisit its earlier order and dismissed the bail application. Additionally, the court directed the Superintendent of Police, Saran, to ensure the attendance of witnesses on the scheduled trial dates.
Issues considered
- The court considered whether bail should be granted to the accused given the gravity of the offences under Sections 302 and 34 IPC and the fact that the trial had already commenced.
- The court examined whether its earlier order denying bail could be reviewed in light of the petitioner's custody and trial status.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- IPC 302
- IPC 34
- criminal procedure
- trial
- witness attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68751 of 2025
Arising Out of PS. Case No.-413 Year-2022 Thana- KHAIRA District- Saran
======================================================
Naushad Alam S/O Md. Shamim @ Mohammad Shamim @ Md. Shamim
Alam R/O Village- Chotta Takiya, P.S- Khaira, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Danish Raja, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in connection with
Khaira P.S. Case No. 413 of 2022 instituted under Sections 302
and 34 of the Indian Penal Code.
3. As per prosecution case, when the father of the
informant was at his doorstep, the petitioner along with other
F.I.R. named accused persons armed with weapons came and
assaulted the informant’s father.
4. Earlier the regular bail application of the
petitioner was dismissed on 23.05.2023 in Cr. Misc. No. 27071
of 2023 by this Court.
5. The learned counsel for the petitioner submits
that the trial has been started. The petitioner is in custody since
Patna High Court CR. MISC. No.68751 of 2025(2) dt.09-02-2026
2/2
14.11.2022.
6. Considering the gravity of the offence and the fact
that trial has been started, I am not inclined to review my earlier
order.
7. The application for regular bail is, accordingly,
dismissed.
8. The Superintendent of Police, Saran is directed to
ensure the attendance of the witnesses in the trial on the dates
fixed.
9. Let a copy of this order be communicated to the
Superintendent of Police, Saran through FAX or e-mail for its
compliance forthwith.
(Sandeep Kumar, J)
Jyoti Kumari/-
U T
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