Patna High Court
Azizul Rahman @ Md. AzizulversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition is dismissed as there are no fresh grounds and the trial is still in progress.
Summary
The petitioner, Azizul Rahman, sought bail in a case (S.Tr. No. 329 of 2025) involving offences under Sections 302 and 304B/34 of the Indian Penal Code. The Patna High Court had earlier rejected regular bail, directing the lower court to expedite the trial. After receiving a progress report showing that four of seven charge‑sheet witnesses had been examined and the trial was expected to conclude within four months, the petitioner argued that he had been in judicial custody since 30‑05‑2024 without justification. The State opposed the bail application, contending there were no fresh grounds and the trial was still pending. The Court found no new circumstances warranting bail and again denied the petition, directing the trial court to finish the trial within three months and allowing the petitioner to renew the bail application if the deadline is missed.
Issues considered
- Whether bail should be granted to the petitioner given the seriousness of the offences and the ongoing trial
- Whether any fresh ground exists to justify a change in the earlier bail denial
- Whether the direction to expedite the trial affects the bail consideration
Legislation cited
- Indian Penal Code — s. 302, 304B, 34
Subjects
- bail
- IPC
- murder
- dowry death
- judicial custody
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5099 of 2026
Arising Out of PS. Case No.-165 Year-2024 Thana- DAGARUA District- Purnia
======================================================
Azizul Rahman @ Md. Azizul Son of Gulam Mustafa @ Md. Mustafa
Resident of Village - Dumra Dhahgama, P.S.- Dagarua, District – Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.N.K. Agarwal, Advocate
Mr.Md Fazle Karim, Advocate
For the Opposite Party/s : Mr.Sunil Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 18-03-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with S.Tr. No.
329 of 2025, arising out of Dagarua P.S. Case No. 165 of 2024
instituted for the offences under Sections 302 and 304(B)/34 of
the Indian Penal Code.
3. Earlier vide order dated 13.05.2025 passed in Cr.
Misc. No. 12649 of 2025, regular bail of the petitioner was
rejected by this Court considering the nature and gravity of the
offence, with direction to the Court below to expedite the trial
and conclude the same expeditiously.
4. In compliance of the order dated 29.01.2026, a report
dated 23.02.2026 with regard to the present stage of trial has
Patna High Court CR. MISC. No.5099 of 2026(3) dt.18-03-2026
2/2
been received. From perusal of the aforesaid report, it appears
that out of seven Chargesheet witnesses, four witnesses have
been examined. It is further reported that the trial of this case
would be concluded within four months.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 30.05.2024
without any rhymes or reason.
6. Learned APP for the State opposes the prayer for
grant of bail.
7. There is no fresh ground to consider the bail petition
of the petitioner. From the aforesaid report, it appears that the
trial is going on.
8. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously
preferably within a period of three months from today. If the
trial is not concluded within the period of three months, as
stated above, the petitioner will be at liberty to renew his prayer
before the court below.
(Rudra Prakash Mishra, J)
manish/-
U T
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