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Patna High Court

Ashraf Sheikh @ Araraf SheikhversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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