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Patna High Court

Md. Naushad @ NaushadversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Regular bail was not granted to the petitioner.

Summary

The petitioner, Md. Naushad, was charged under Sections 363, 366A and 302 of the Indian Penal Code for allegedly kidnapping the minor daughter of an informant with the intent to marry her, after which the victim's dead body was recovered. This was the third bail application; two earlier applications had been rejected. The trial court indicated that only about six months remained for the trial to conclude. The High Court considered the seriousness of the offences, the fact that the trial was near its end, and the lack of compelling reasons to grant bail. Consequently, the court declined to grant regular bail to the petitioner.

Issues considered

  • Whether regular bail can be granted to an accused of kidnapping and murder when the trial is nearing its conclusion

Legislation cited

Subjects

  • bail
  • kidnapping
  • murder
  • IPC
  • regular bail
  • trial pending

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91247 of 2025
                       Arising Out of PS. Case No.-276 Year-2023 Thana- PATEPUR District- Vaishali
                 ======================================================
                 Md. Naushad @ Naushad S/o- Mohammad Basir @ Md. Wasir R/v-
                 Satkurwa, PS- Patepur, Distt- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sanjeev Kumar Singh
                 For the Opposite Party/s :        Mr.Md. Mushtaque Alam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   06-04-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 3rd attempt of the petitioner seeking bail

                   in connection with Patepur (Harlochanpur O.P.) P.S. Case No.

                   276 of 2023 registered for the offence under Sections 363, 366A

                   and 302 of the Indian Penal Code.

                                3. The bail applications of the petitioner were earlier

                   rejected on two occasions: first on 21.08.2024 in Cr. Misc. No.

                   24599 of 2024, and second, on 23.06.2025 in Cr. Misc. No.

                   22624 of 2025

                                4. The petitioner is alleged to have kidnapped the

                   minor daughter of the informant for the purpose of marriage by

                   enticing her and later on, her dead body was recovered. From

                   the report of the Trial Court it appears that out of seven
            Patna High Court CR. MISC. No.91247 of 2025(4) dt.06-04-2026
                                                        2/2




                      witnesses, four witnesses have been examined and the Trial

                      Judge has reported that it will take another six months for

                      conclusion of the trial.

                                   5. Considering the facts and circumstances of the

                      case, and the fact that the trial is on the verge of the conclusion,

                      I am not inclined to grant regular bail to the petitioner.

                      Accordingly, this application for regular bail stands rejected.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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