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Patna High Court

Md. MahboobversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                            2/3




          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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