Patna High Court

Md Asgar @ Jamshed NaddafversusThe State of Bihar

Decided: 10 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The court denied bail, dismissing the petitioner's application.

Summary

The petitioner, Md Asgar @ Jamshed Naddaf, was charged under Sections 354, 354A, 363, 366A, 376(2)/34 of the Indian Penal Code and Sections 4 and 8 of the POCSO Act in PS Singhwara Case No. 44 of 2023. He filed a second application for regular bail, arguing that the trial was underway. The court noted that three of six charge‑sheeted witnesses had already been examined, indicating that the trial was progressing. Considering the seriousness of the offences, especially under the POCSO Act, the court was not inclined to grant bail. Consequently, the bail application was dismissed.

Issues considered

Whether regular bail should be granted to an accused charged with offences under IPC and POCSO Act when the trial is in progress
Whether the examination of witnesses and the nature of the offences justify denial of bail

Legislation cited

Indian Penal Code — s. 34, 354, 354A, 363, 366A, 376(2)
Protection of Children from Sexual Offences Act — s. 4, 8

Subjects

bail
IPC
POCSO
sexual offences
regular bail
trial progress

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.24617 of 2025
                     Arising Out of PS. Case No.-44 Year-2023 Thana- SINGHWARA District- Darbhanga
                  ======================================================
                  Md Asgar @ Jamshed Naddaf S/O Late Md Shamshad @ Md Samsul Naddaf
                  R/O Mohalla/Vill- Nista, P.S- Singhwara, Distt.- Darbhanga.
                                                                              ... ... Petitioner/s
                                                     Versus
            1.     The State of Bihar
            2.     Anil Thakur S/O Late Bathu Thakur R/O Village- Bharwara, P.S-
                   Singhwara, Distt.- Darbhanga.
                                                             ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Kedar Jha
                  For the Opposite Party/s :      Mr.Ganesh Prasad Singh
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

5    10-02-2026                   Heard the parties.

                                 2. This is the second attempt of the petitioner for grant

                    of regular bail in connection with Singhwara P.S. Case No. 44 of

                    2023 registered for the offence under Sections 354, 354A, 363,

                    366A, 376(2)/34 of the Indian Penal Code and under Section 4/8

                    of the POCSO Act.

                                 3. From the report of the Exclusive Special Judge,

                    POCSO, Darbhanga dated 18.11.2025, it appears that out of six

                    charge-sheeted witnesses, three have already been examined.

                                 4. In view of the fact that the trial is progressing, this

                    Court is not inclined to grant bail to the petitioner.

                                 5. Accordingly, this application is dismissed.


                                                           (Sandeep Kumar, J)
Vikas/-
U

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.