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Patna High Court

NASIR MIYANversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail cannot be granted at this stage in serious offences like gang rape once the trial has commenced and witnesses are being examined.

Summary

The petitioner, Nasir Miyan, sought bail in a case (PS Case No. 68 of 2025) involving alleged gang rape and other offences under the Bharatiya Nyaya Sanhita, 2023. He contended that he was falsely implicated, had no specific overt act alleged against him, and possessed no criminal antecedent, having been in custody since 17‑06‑2025. The State opposed bail, emphasizing that the trial had already commenced and two witnesses had been examined, and relied on a Supreme Court precedent cautioning against bail in serious offences once trial begins. The High Court, applying the Supreme Court’s guidance, held that the gravity of the offences and the stage of the trial warranted denial of bail. Consequently, the bail application was rejected and the trial court was directed to expedite the trial.

Issues considered

  • Whether bail can be granted to an accused in serious offences such as gang rape after the trial has commenced and prosecution witnesses have been examined.
  • Whether the petitioner’s claim of false implication and lack of prior criminal record justifies bail at this stage.

Legislation cited

Subjects

  • bail
  • serious offences
  • rape
  • trial commencement
  • Bharatiya Nyaya Sanhita
  • high court
  • Supreme Court precedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.52024 of 2025
                   Arising Out of PS. Case No.-68 Year-2025 Thana- BALTHAR District- West Champaran
                 ======================================================
                 NASIR MIYAN S/o Late Hakik Miyan R/O Sheikh Tola, P.S. - Balthar, Dist.-
                 West Champaran


                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Fultara Khatoon W/O Azad Mirza R/O Sheikh Tola P.S. Balthar Distt West
                 Champaran


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amritanshu Raj, Advocate
                 For the Opposite Party/s :       Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

6   26-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Balthar

                   P.S. Case No. 68 of 2025 instituted for the offences under

                   Sections 126(2), 127(2), 115(2), 70(1), 351(2), 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                               3. Allegation against the accused persons including the

                   petitioner is of commission of gang rape upon the informant.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel for the petitioner submits that general and
Patna High Court CR. MISC. No.52024 of 2025(6) dt.26-02-2026
                                            2/3




          omnibus allegation has been made against the petitioner. No

          specific overt act is alleged against the petitioner. It has been

          submitted on behalf of the petitioner that the petitioner is in

          custody since 17.06.2025 and has no criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. He further

          submitted that trial has already commenced and two witnesses

          have also been examined. 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 has 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 as also nature and gravity of offence, this Court is

          not inclined to grant bail to the petitioner at this stage.

                       7. Accordingly, the prayer for grant of bail to the

          petitioner is, hereby, rejected.
             Patna High Court CR. MISC. No.52024 of 2025(6) dt.26-02-2026
                                                         3/3




                                    8. Learned Trial Court is directed to expedite the trial.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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