Patna High Court
Md. MahboobversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied as the offence is serious and the trial has already commenced.
Summary
The petitioner, Md. Mahboob, was arrested in September 2024 in connection with a case under Section 64 of the Bharatiya Nyaya Sanhita, 2023, a serious offence. He applied for regular bail, having been in judicial custody for over six months, and argued that the charge‑sheet had been filed and no witness had yet been examined. The State opposed the bail, relying on a Supreme Court precedent (2024 SCC OnLine SC 3539) that courts should be reluctant to grant bail once trial proceedings commence in serious cases. The Patna High Court examined the nature and gravity of the accusation, the stage of the trial, and the precedent cited. It concluded that the circumstances did not warrant bail and ordered the trial to be expedited within six months. Consequently, the bail application was rejected, with a direction to the lower court to fast‑track the trial.
Issues considered
- Whether bail should be granted to an accused in a serious offence under Section 64 of the Bharatiya Nyaya Sanhita, 2023, when the trial has commenced.
- Whether the Supreme Court’s guidance on bail in serious offences applies to the present case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 64
Subjects
- bail
- serious offence
- Section 64
- Bharatiya Nyaya Sanhita
- high court
- judicial custody
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21433 of 2026
Arising Out of PS. Case No.-413 Year-2024 Thana- BABUBARHI District- Madhubani
======================================================
Md. Mahboob S/O Md. Farid R/O Village- Mauahi, P.S- Babubarhi, Distt.-
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Babubarhi P.S. Case No. 413 of 2024, instituted for the offences
punishable under Section 64 of the Bharatiya Nyaya Sanhita,
2023.
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
06.08.2025 passed in Cr. Misc. No. 5859 of 2025 taking into
account the nature of accusation and gravity of the offence.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 14.09.2024
without any rhymes or reason and has got two criminal
Patna High Court CR. MISC. No.21433 of 2026(2) dt.03-04-2026
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antecedents. Learned counsel for the petitioner further submits
that charge-sheet has been submitted in this case as also charge
has already been framed against the petitioner and no any
witness has been examined in this case.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner. Learned APP for the
State relied upon a decision of the Hon’ble Apex Court reported
in 2024 SCC OnLine SC 3539 (X. vs. State of Rajasthan &
Anr.), wherein in paragraph no. 14, the Hon’ble Apex Court has
held as under:
“14. Ordinarily in serious offences like rape,
murder, dacoity, etc., once the trial
commences and the prosecution starts
examining its witnesses, the Court, be it the
Trial Court or the High Court should be
loath in entertaining the bail application of
the accused.”
6. Considering the aforesaid facts and circumstances
of the case, nature of accusation and the gravity of the offence,
this Court is not inclined to grant bail to the petitioner.
7. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
Patna High Court CR. MISC. No.21433 of 2026(2) dt.03-04-2026
3/3
expedite the trial and conclude the same preferably within a
period of six months from today. If the trial is not concluded
within the period of six 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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