Created by Fuzzy Cloud

Patna High Court

Md. Haroon @ HaroonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.