Patna High Court
Md. Haroon @ HaroonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Md. Haroon, sought regular bail after his earlier bail application was rejected. He argued that a co‑accused, Pankaj Bahardar, had been granted bail under similar circumstances and that the trial was progressing slowly, with only one of eight prosecution witnesses examined after two years of custody, infringing his right to a speedy trial under Article 21. The court noted the grant of bail to the co‑accused and the prima facie slow pace of the trial, finding a violation of the petitioner’s constitutional right. Accordingly, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, subject to conditions under Section 437(3) of the CrPC and Section 480(3) of the Bihar Narcotic Substances and Psychotropic Substances Act. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether the petitioner is entitled to regular bail on the ground that a similarly situated co‑accused was granted bail.
- Whether the slow progress of the trial violates the petitioner’s right to a speedy trial under Article 21, justifying bail.
- Whether bail can be granted despite the charge‑sheet being incomplete due to the absence of an FSL report.
Legislation cited
- Bihar Narcotic Substances and Psychotropic Substances Act — s. 480(3)
- Criminal Procedure Code — s. 437(3)
Subjects
- regular bail
- speedy trial
- Article 21
- co‑accused parity
- CrPC Section 437(3)
- BNSS Act Section 480(3)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23802 of 2026
Arising Out of PS. Case No.-83 Year-2024 Thana- Bathnaha District- Araria
======================================================
Md. Haroon @ Haroon, Son of Late Md. Nazir, Resident of Village- Sonapur
Ward No. 16, P.S.- Bathnaha, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
Ms. Jyoti Singh, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 19-06-2026 The present petition is the second prayer of regular
bail as pressed by petitioner after rejection of first prayer of
regular bail through Cr. Misc. No. 1863 of 2025 dated
22.03.2025 mainly on two following grounds:
(i) Firstly, similarly situated co-accused, namely,
Pankaj Bahardar @ Pankaj Kumar was granted bail
subsequently by one of the learned co-ordinate Bench of this
court through Cr. Misc. No.31425 of 2025 dated
19.05.2025 and,
(ii) Secondly, the slow progress of trial, as despite
of custody of about two years, only one prosecution witness
was examined in this matter, which is in violation of
fundamental right of petitioner qua speedy trial.
Patna High Court CR. MISC. No.23802 of 2026(2) dt.19-06-2026
2/3
2. It is submitted by learned counsel appearing on
behalf of petitioner that one of the co-accused, namely,
Pankaj Bahardar @ Pankaj Kumar, who was also in custody
since 30.07.2024 was granted bail after rejection of prayer
of bail of this petitioner through Cr. Misc. No. 31425 of
2025 dated 19.05.2025 on the ground that incomplete
charge-sheet was filed in the present case, as at the time of
charge-sheet, no FSL report was available. It is also
submitted that till date only a single prosecution witness was
examined out of eight charge-sheeted witnesses and this
slow progress of trial is in violation of fundamental right of
petitioner qua speedy trial. In support of her submission,
learned counsel for the petitioner relied upon the legal report
of Hon’ble Supreme Court as available through Hussainara
Khatoon vs. State of Bihar [1980 (1) SCC 98].
3. Considering the aforesaid submissions and upon
perusal of the record, it transpires that similarly situated co-
accused, namely, Pankaj Bahardar @ Pankaj Kumar was
granted bail subsequently by one of the learned co-ordinate
Bench of this Court and further the slow progress of trial
Patna High Court CR. MISC. No.23802 of 2026(2) dt.19-06-2026
3/3
also prima facie appears slow, as despite of passing of about
two years of custody, only single prosecution witness was
examined by the prosecution, which suggests prima facie the
violation of petitioner’s right under Article 21 of the
Constitution of India qua speedy trial, accordingly, the
petitioner above-named is directed to be released on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction
of the learned Sessions Judge-cum-Special Judge, NDPS Act,
Araria in connection Bathnaha P.S. Case No.83 of 2024,
subject to the conditions as laid down under Section 437(3)
of the CrPC/under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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