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Patna High Court

Naushad AlamversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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