Patna High Court

Md. Mustak @ Md. Mustaq @ Md. MustakhversusThe State of Bihar

Decided: 18 March 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

The bail petition is dismissed as there is no new ground to grant bail and the trial is still in progress.

Summary

The petitioner, Md. Mustak, was arrested in connection with a case (PS Case No. 89 of 2024) involving multiple offences under the Indian Penal Code, including assault, grievous hurt, and attempt to murder. He has been in judicial custody since 13 September 2024 and previously applied for regular bail, which was denied on 1 July 2025. In a second bail application, the petitioner argued that the trial was delayed, with only two of eight charge‑sheeted witnesses examined, and that he had no criminal antecedent. The State opposed bail, emphasizing that the trial was ongoing and that there were specific allegations of assaulting the deceased, warranting continued detention. The Court found no new ground to revisit the earlier decision, rejected the bail petition, and directed the lower court to expedite the trial within four months, allowing the petitioner to renew his bail plea if the trial is not concluded within that period.

Issues considered

Whether the petitioner is entitled to regular bail despite the trial being ongoing and only two witnesses examined
Whether the specific allegation of assaulting the deceased justifies denial of bail

Legislation cited

Indian Penal Code — s. 147, 307, 323, 324, 34, 341, 354, 427, 452, 504, 506, B

Subjects

bail
judicial custody
Indian Penal Code
trial delay
criminal procedure
assault
grievous hurt
attempt to murder

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.17836 of 2026
                      Arising Out of PS. Case No.-89 Year-2024 Thana- RAHIKA District- Madhubani
                 ======================================================
                 Md. Mustak @ Md. Mustaq @ Md. Mustakh S/o Md. Yunus Resident of
                 Ward No. 3, Village- Rahika, Insaf Chowk, P.S.- Rahika, District- Madhubani
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rampravesh Nath Tiwari, Advocate
                 For the Opposite Party/s :       Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   18-03-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                           2.      The petitioner seeks bail in connection with Rahika

                   P.S. Case No. 89 of 2024, instituted for the offences under

                   Sections 341, 323, 324, 504, 506, 34, 307, 452, 427, 147 354B

                   of the Indian Penal Code.

                           3.      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 by this Court vide order dated

                   01.07.2025 passed in Cr. Misc. No. 44268 of 2025 taking into

                   consideration the specific allegation against the petitioner of

                   assaulting the deceased.

                           4.      Learned counsel for the petitioner submits that the

                   petitioner is languishing in judicial custody since 13.09.2024

                   without any rhymes or reason and has got no criminal
             Patna High Court CR. MISC. No.17836 of 2026(2) dt.18-03-2026
                                                         2/2




                       antecedent. It is next submitted that charge has already been

                       framed against the petitioner on 11.03.2025. It is further

                       submitted that out of eight charge-sheeted witnesses, only two

                       witnesses have been examined in this case.

                               5.      Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner and submits that the

                       trial is in progress and out of eight charge-sheeted witnesses,

                       only two witnesses have been examined in this case. It is further

                       submitted that there is specific allegation against the petitioner

                       of assaulting the deceased. Hence, the petitioner does not

                       deserve the privilege of bail.

                               6.      There is no new ground to consider the bail petition

                       of the petitioner. It appears that the trial is going on.

                                7.     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 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)
Rajorshi/-

U       T

Continue reading with your account

Checking your session…