Md Nasim Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Md Nasim Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

None; bail prayer rejected. Trial court directed to expedite and conclude the trial preferably within four months, failing which the petitioner may renew his bail prayer before the court below.

Issue for consideration

Whether the petitioner, whose earlier regular bail application was rejected on merit, is entitled to regular bail in S.T. No. 690 of 2024 (Sonepur (Hajipur) P.S. Case No. 103 of 2024) at the present stage of trial. +1 more

Court's answer

Prayer for bail again rejected: there is no new ground to consider the bail petition, and from the trial-stage report the trial is going on and is at an advanced stage.

Ratio / Principle

The court below is directed to expedite the trial and conclude it expeditiously, preferably within a period of four months.

Key takeaways

If the trial is not concluded within the period of four months, the petitioner will be at liberty to renew his bail prayer before the court below.ratio¶26

Detailed headnote1 paragraphs

Second regular bail application (Criminal Miscellaneous No.80327 of 2025, Patna High Court, Rudra Prakash Mishra, J., order dated 09-01-2026) in S.T. No. 690 of 2024 arising out of Sonepur (Hajipur) P.S. Case No. 103 of 2024, instituted for offences under Section 143(5) of the Bharatiya Nyaya Sanhita, 2023, Section 79 of the Juvenile Justice Act and Section 14 of the Child Labour (Prohibition and Regulation) Amendment Act, 2016. The petitioner's first bail application (Cr. Misc. No. 1414 of 2025) was rejected on merit by order dated 08.04.2025. In compliance with order dated 21.11.2025, a report dated 11.12.2025 showed four of eight charge sheet witnesses examined and the trial expected to conclude within nine months; counsel stressed custody since 16.08.2024. Learned APP relied on 2024 SCC Online SC 3539 (X. vs. State of Rajasthan & Anr.), whose paragraph 14 the Court reproduced: in serious offences, once the trial commences and the prosecution starts examining its witnesses, courts should be loath to entertain the accused's bail application. Finding no new ground and the trial at an advanced stage, the Court again rejected bail, directed the court below to conclude the trial expeditiously preferably within four months, and left the petitioner at liberty to renew his prayer before the court below if the trial is not concluded within that period.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80327 of 2025

Arising Out of PS. Case No.-103 Year-2024 Thana- RAIL HAJIPUR District- Vaishali

======================================================

Md Nasim Son of Hasifur @ Hasibur Rahman R/o Shikarpur, P.S. - Abadpur(Awadhpur), Dist. - Katihar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

3 09-01-2026

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with S.T. No. 690 of 2024, arising out of Sonepur (Hajipur) P.S. Case No. 103 of 2024 instituted for the offences under Section 143(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 79 of the Juvenile Justice Act as also Section 14 of the Child Labour (Prohibition and Regulation) Amendment Act, 2016.

This is the second attempt of the petitioner for bail. The petitioner has renewed his prayer for grant of regular bail which was earlier rejected on merit by this Court vide order dated 08.04.2025, passed in Cr. Misc. No. 1414 of 2025, taking into account the nature of accusation and the gravity of the

Patna High Court CR. MISC. No.80327 of 2025(3) dt.09-01-2026 2/3

offence.

In compliance of the order dated 21.11.2025, a report dated 11.12.2025, with regard to the present stage of trial has been received. From perusal of the aforesaid report, it appears that four out of eight charge sheet witnesses have been examined in this case. It is further reported that trial is likely to be concluded within a period of nine months.

Learned counsel for the petitioner submits that the petitioner is languishing in judicial custody since 16.08.2024, without any rhymes or reason. Learned counsel for the petitioner submits that there is no likelihood of the trial being concluded in the near future.

Learned APP for the State opposes the prayer for grant of bail. Learned APP has further relied upon a decision of the Hon’ble Apex Court reported in 2024 SCC Online SC 3539 (X. vs. State of Rajasthan & Anr.) , wherein in paragraph No.14, Hon’ble Apex Court has observed as under:

“14. Ordinarily in serious offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or the High Court

Patna High Court CR. MISC. No.80327 of 2025(3) dt.09-01-2026 3/3

should be loath in entertaining the bail application of the accused.”

There is no new ground to consider the bail petition of the petitioner. From the aforesaid report, it appears that the trial is going on and is at an advance stage.

In view of the above, the prayer for bail of the petitioner is again rejected with a direction to the court below to expedite the trial and conclude the same expeditiously preferably within a period of four months from today. If the trial is not concluded within the period of four months, as stated above, the petitioner will be at liberty to renew his prayer before the court below.

(Rudra Prakash Mishra, J)

Raj Kishore/- U T