Patna High Court

Md. Ashraf @ Md. Ashraf NadafversusThe State of Bihar

Decided: 3 April 2026
Disposal: BAIL REJECTED
Bench: RAJIV ROY

Holding

The court held that bail could not be granted as no fresh ground was made out and the trial was expected to conclude within three months.

Summary

The petitioner, Md. Ashraf, is in custody for multiple offences under the Indian Penal Code arising from a 2021 case. He applied for bail while the trial was pending before the Sessions Court. The trial court had scheduled arguments, but the defence counsel failed to appear, leading to the appointment of an amicus curiae. The High Court noted that the trial was expected to conclude within three months and that the petitioner had not shown any fresh ground for bail. Consequently, the bail application was rejected.

Issues considered

Whether bail should be granted to the petitioner given the pending trial and the nature of the offences charged

Legislation cited

Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 324, 341, 342, 447

Subjects

bail
Indian Penal Code
criminal procedure
trial delay
amicus curiae

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.13719 of 2025
                     Arising Out of PS. Case No.-128 Year-2021 Thana- MANIGACHI District- Darbhanga
                  ======================================================
                  Md. Ashraf @ Md. Ashraf Nadaf son of Akbar Nadaf Resident of Village-
                  Bajitpur Police Station -Manigachhi District- 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. Binod Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

10   03-04-2026                  Heard the parties.

                                 2. The petitioner is in custody in connection with

                    Sessions Trial No. 275 of 2021 arising out of Manigachhi

                    (Bajitpur O.P) P.S. Case No. 128 of 2021 for the offence

                    punishable under Sections 147, 148, 149, 447, 341, 342, 323,

                    324, 307 and 302 of the Indian Penal Code, lodged on

                    02.06.2021 by the informant Fakruddin Nadar.

                                 3. A report has come from the learned Trial Court

                    vide letter no. 214 dated 25.02.2026 which shows that the

                    matter was posted for argument of the defence but the learned

                    counsel chose to escape the proceeding and in that

                    background, an amicus curiae has been appointed in this

                    regard.
          Patna High Court CR. MISC. No.13719 of 2025(10) dt.03-04-2026
                                                      2/2




                                 4. In that background, expecting the Trial Court to

                    conclude the trial in next three months and after observing

                    that no fresh ground is made out, the bail application stands

                    rejected.



                                                   (Rajiv Roy, J)
Adnan/-

U

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