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Patna High Court

Afroj Ali NadafversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied as the trial had substantially progressed and the petitioner had no defence witness to examine.

Summary

The petitioner, Afroj Ali Nadaf, was charged under Sections 64, 115(2) and 3(5) of the Bihar Narcotic Substances Act, 2023 for an alleged rape. He had earlier obtained anticipatory bail, which was conditioned to lapse upon filing of the charge sheet; the charge sheet was filed on 29‑10‑2024 and the anticipatory bail order consequently lost effect. After surrendering on 06‑01‑2026, he applied for regular bail, arguing a clean antecedent and lack of medical corroboration. The prosecution indicated that trial had commenced, six of seven prosecution witnesses had already been examined and only the investigating officer remained to be examined. The court, noting the advanced stage of trial and the absence of any defence witness, refused bail and directed the trial court to conclude the trial within a month, if the petitioner had no defence witness.

Issues considered

  • Whether bail can be granted after the charge sheet has been filed and the trial has progressed with most prosecution witnesses examined.
  • Whether the lapse of anticipatory bail upon filing of the charge sheet bars further bail relief.
  • Whether the absence of medical evidence corroborating the rape allegation warrants bail.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • charge sheet
  • trial progression
  • prosecution witnesses
  • medical evidence
  • rape allegation
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10302 of 2026

                     Arising Out of PS. Case No.-79 Year-2024 Thana- MAHILA PS District- Darbhanga
                 ======================================================
                 Afroj Ali Nadaf S/o Md. Haidar @ Md. Haidar Ali R/o Village- Belhi, P.S-
                 Sadar, Dist- Darbhanga.


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


                                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :       Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                                  ORAL ORDER


2   04-05-2026                   1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                 2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 64, 115(2) and 3(5) of the

                   BNS, 2023.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 06.01.2026 and had earlier moved this Court seeking
Patna High Court CR. MISC. No.10302 of 2026(2) dt.04-05-2026
                                            2/3




          anticipatory bail by filing Criminal Miscellaneous No. 68790 of

          2024 and the same came to be allowed by an order dated

          03.10.2024 after considering the case on merit and in detail, but

          with a condition that anticipatory bail order shall lose its effect,

          if charge sheet is submitted. It is next submitted that on

          29.10.2024 charge sheet came to be submitted against the

          petitioner and thereafter petitioner again moved this Court

          seeking anticipatory bail by filing Criminal Miscellaneous No.

          69912 of 2025 and the same was permitted to be withdrawn by

          an order dated 23.12.2025, thereafter petitioner surrendered on

          06.01.2026. It is submitted that though allegation is of rape, but

          then the same is not corroborated by the medical evidence.

                       4. At this stage, the learned counsel appearing on

          behalf of the informant submits that charges have been framed,

          trial has commenced and out of seven prosecution witnesses, six

          prosecution witnesses have been examined and the only

          prosecution witness left to be examined is the Investigating

          Officer, whose evidence is to be recorded on 07.05.2026.

                       5. Since trial has commenced and out of seven

          prosecution witnesses, six prosecution witnesses have been

          examined, as such, the Court is not inclined to release the

          petitioner on bail.
            Patna High Court CR. MISC. No.10302 of 2026(2) dt.04-05-2026
                                                        3/3




                                   6. However, the learned Trial Court is directed to

                      ensure that trial is concluded within a period of one month from

                      the date of production/receipt of a copy of this order, if what has

                      been submitted by the learned counsel appearing on behalf of

                      the informant is true and petitioner does not have any defence

                      witness to be examined.

                                   7. Accordingly, the instant bail application stands

                      rejected.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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