Patna High Court
Kamran AshrafversusThe State Of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The trial court must conclude the trial within six months, and the petitioner may renew his bail application if the trial is not concluded within that period.
Summary
The High Court heard two criminal miscellaneous bail petitions filed by Kamran Ashraf, arising from the same alleged offence of forgery and misappropriation of money under IPC sections 409, 406 and 420. Both petitions sought regular bail, arguing that the petitioner had been in custody for over a year and faced severe financial hardship. The State opposed bail, contending that the petitioner, a bank employee, colluded with his wife to defraud the informants and that the trial was already underway with charges framed and a witness examined. The Court directed the trial court to expedite the trial and complete it within six months, allowing the petitioner to renew his bail application if the trial is not concluded within that period. Consequently, the bail petitions were disposed without granting bail at this stage.
Issues considered
- Whether regular bail should be granted in cases involving offences under Sections 409, 406 and 420 of the IPC.
- Whether the trial can be expedited to a six‑month period to justify bail.
- Whether the petitioner’s prolonged pre‑trial detention and financial hardship warrant bail.
Legislation cited
- Indian Penal Code — s. 406, 409, 420
Subjects
- regular bail
- criminal breach of trust
- cheating
- IPC
- Section 409
- Section 406
- Section 420
- trial delay
- six months
- joint hearing
- bail petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15128 of 2025
Arising Out of PS. Case No.-470 Year-2024 Thana- KADAMKUAN District- Patna
======================================================
Kamran Ashraf S/O Nehal Ashraf R/O- Nagris Apartment raja Bazar P.S-
Hawai Adda, Dist.- Patna
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 52135 of 2025
Arising Out of PS. Case No.-892 Year-2024 Thana- KADAMKUAN District- Patna
======================================================
Kamran Ashraf S/o Nehal Ashraf R/o Nargis Apartment Raja Bazar, P.S.-
Hawai Adda, District- Patna Bihar- 800014
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 15128 of 2025)
For the Petitioner/s : Mr.Anuj Kumar
For the Opposite Party/s : Mr.Md. Shakir Ahmad
(In CRIMINAL MISCELLANEOUS No. 52135 of 2025)
For the Petitioner/s : Mr.Nazia Shabah
For the Opposite Party/s : Mr.Madhura Nand Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
14 06-01-2026 Both the cases have been lodged for the same
occurrence against the same person by two different persons and
that is why, both the cases are being heard together and disposed
of by this common order.
2. Heard the learned counsel for the petitioner as well
as the learned Additional Public Prosecutor for the State.
3. The petitioner is seeking regular bail in connection
Patna High Court CR. MISC. No.15128 of 2025(14) dt.06-01-2026
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with Kadamkuan P.S. Case No. 470 of 2024 as well as in
Kadamkuan P.S. Case No. 892 of 2024 registered for the
offences punishable under Sections 409, 406 and 420 of the
Indian Penal Code.
4. The prosecution case in both the cases is almost
similar. In both cases, the informants allege that the petitioner
having taken in confidence to them, committed forgery of huge
amount by alluring of huge profit on the amount.
5. Mr. Ansul, the learned Senior Counsel for the
petitioner has submitted that the petitioner has remained in
custody for more than a year. It has further been submitted that
though the petitioner had assured before the Court that he would
make the payment but it is not possible for him to do so since,
he has been suffering from severe financial crunch.
6. On the other hand, the learned counsel for the
informant has opposed the prayer for bail and submitted that the
petitioner being an employee of a bank in collusion with his
wife misappropriated huge money of the informants. He has
further submitted that the charges have been framed. The trial
has been started and one witness has already been examined.
7. Considering the above-mentioned facts and
circumstances, the learned trial court is directed to make every
Patna High Court CR. MISC. No.15128 of 2025(14) dt.06-01-2026
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endeavour to conclude the trial within a period of six months. If
the trial is not concluded within the stipulated period, the
petitioner will be at liberty to renew his prayer for bail.
8. With these observations, the criminal miscellaneous
petition is disposed of.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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