Naushad Shah @ Nausad Sah @ Md. Noshad Sah … vs The State Of Bihar on 27 June, 2025

Patna High Court – Orders

Naushad Shah @ Nausad Sah @ Md. Noshad Sah … vs The State Of Bihar on 27 June, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28352 of 2025
                     Arising Out of PS. Case No.-288 Year-2019 Thana- CHHATAPUR District- Supaul
                 ======================================================
                 Naushad Shah @ Nausad Sah @ Md. Noshad Sah @ Naushad S/o Md.
                 Mustafa @ Fiecha @ Multan Resident of village - Kala Baluwa, P.s.-
                 Raniganj, Distt.- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mrs. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   27-06-2025

Heard Mr. Ramesh Kumar Singh, learned counsel

for the petitioner and Mrs. Pushpa Sinha, learned Additional

Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since

24.12.2024 in connection with Chhatapur P.S. Case No. 288 of

2019, F.I.R. dated 12.11.2019 for the offences punishable under

Sections 341, 323, 420, 386, 413, 504, 506 and 120B of the

Indian Penal Code.

3. According to prosecution case, it is case of fraud

where the petitioner along with other accused persons promised

the informant to supply him gold biscuit only for Rs. 20,000/-

but he didn’t supply the same and also took Rs. 3,00,000/- from

the informant.

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4. Learned counsel for the petitioner submits that

petitioner is innocent and he has falsely been implicated in the

present case. He further submits that the allegation as alleged in

the F.I.R. is false and fabricated and the petitioner has not

committed any offences as alleged in the F.I.R. He further

submits that it appears from the F.I.R as well as seizure list that

no incriminating article has been recovered from the conscious

possession or the house of the petitioner and merely on the basis

of suspicion, the petitioner has been implicated in the present

false and fabricated case. He further submits that it has come

during investigation that the petitioner was also involved in the

present occurrence along with other accused persons but there is

no acquisition attributed against the petitioner. He further

submits that the police after investigation submitted the charge

sheet against the petitioner. He further submits that similarly

situated, co-accused, namely, Krishna Kumar Singh has been

granted bail by a co-ordinate Bench of this Court vide order

dated 30.06.2020 passed in Cr. Misc. No. 13499 of 2020, co-

accused, namely, Darbesh Nai has been granted bail by a co-

ordinate Bench of this Court vide order dated 17.07.2020 passed

in Cr. Misc. No. 20317 of 2020 and co-accused, namely, Jai

Kishore Yadav has been granted bail by a co-ordinate Bench of
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this Court vide order dated 24.09.2020 passed in Cr. Misc. No.

24317 of 2020. The petitioner is in custody since 24.12.2024.

5. Learned Additional Public Prosecutor has

vehemently opposed the prayer for bail of the petitioner on the

ground that petitioner carries 5 criminal antecedents other than

the present one but fairly submits on the basis of paragraph 3 of

the bail petition that the petitioner is on bail in all the cases.

6. Considering the aforesaid facts and circumstances,

let the petitioner, above named, 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 the learned Chief

Judicial Magistrate, Supaul in connection with Chhatapur P.S.

Case No. 288 of 2019, subject to the following conditions:-

i. Petitioner shall co-operate in the trial and shall be

properly represented on each and every date fixed by the court

and shall remain physically present as directed by the court and

on his absence on two consecutive dates without sufficient

reason, his bail bond shall be cancelled by the Court below.

ii. If the petitioner tampers with the evidence or the

witnesses, in that case, the prosecution will be at liberty to

move for cancellation of bail.

iii. And further condition that the court below shall
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verify the criminal antecedent of the petitioner and in case at

any stage it is found that the petitioner has concealed his

criminal antecedent, the court below shall take step for

cancellation of bail bond of the petitioner. However, the

acceptance of bail bonds in terms of the above-mentioned order

shall not be delayed for purpose of or in the name of

verification.

(Rajesh Kumar Verma, J)
Vanisha/-

U      T