Patna High Court
Ashraf Sheikh @ Araraf SheikhversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition is dismissed as no new ground exists and the trial is still pending.
Summary
Ashraf Sheikh was arrested in connection with a case registered under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023, with additional charges under Sections 103, 238, 61(2) and 3(5) later added. He applied for regular bail, having been in judicial custody since September 2024, and argued that he has no prior criminal record and that only three of eight charge‑sheet witnesses have been examined. The State opposed the bail, emphasizing the seriousness of the offences and the lack of any new ground for relief. The Patna High Court, noting that the trial is still ongoing and no new circumstances have arisen, rejected the bail petition and directed the lower court to expedite the trial within three months, allowing a fresh bail application thereafter. Consequently, the petitioner remains in custody pending trial.
Issues considered
- Whether bail should be granted in view of the nature and gravity of the offences under the Bharatiya Nyaya Sanhita, 2023
- Whether the petitioner has raised any new ground justifying a fresh bail order
- Whether the progress of the trial warrants the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 137(2), 238, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- trial delay
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18582 of 2026
Arising Out of PS. Case No.-641 Year-2024 Thana- SIKARPUR District- West Champaran
======================================================
Ashraf Sheikh @ Araraf Sheikh S/o Sheikh Jahangir @ Shekh Jahangir @
Sheikh Jhangir R/o Village- Pipra Dewaliya, P.S- Shikarpur, Dist- West
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashish Ranjan Garg, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 18-03-2026 Heard Mr. Ashish Ranjan Garg, learned counsel for
the petitioner and Mrs. Renu Kumari, learned APP for the State.
2. The petitioner seeks bail in connection with
Shikarpur P.S. Case No. 641 of 2024, instituted for the offences
under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023 and
later on Sections 103, 238, 61(2) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 were added.
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
19.08.2025 passed in Cr. Misc. No. 39881 of 2025 taking into
consideration the nature and gravity of the offence.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.18582 of 2026(2) dt.18-03-2026
2/2
petitioner is languishing in judicial custody since 21.09.2024
without any rhymes or reason and has got no criminal
antecedent. It is further submitted that the trial is in progress and
out of eight charge-sheeted witnesses, only three witnesses have
been examined in this case.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. 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.
8. 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 three months from today. If the trial is not concluded
within the period of three 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
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