Patna High Court

Nasrullah Miyan @ Md. Nasurullah @ Nasurullah Miyan @ Md. NasrullahversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Bail was denied to the petitioner as the offence is serious and the trial is already underway.

Summary

The petitioner, Nasrullah Miyan, was arrested in connection with a gang‑rape case (Balthar PS Case No. 68 of 2025) under several sections of the Bharatiya Nyaya Sanhita, 2023. He applied for bail, claiming false implication, lack of specific allegations against him, and no prior criminal record. The State opposed, noting that the trial had already begun and two witnesses had been examined, and relied on a Supreme Court decision emphasizing reluctance to grant bail in serious offences once trial commences. The Patna High Court, considering the gravity of the offences and the stage of the trial, declined to grant bail, directing the trial court to expedite the proceedings. Consequently, the bail petition was rejected.

Issues considered

Whether bail can be granted in a serious offence such as gang‑rape after the trial has commenced and witnesses have been examined
Whether the petitioner’s claim of false implication and lack of specific overt acts suffices to merit bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 127(2), 3(5), 351(2), 70(1)

Subjects

bail
serious offence
rape
trial commencement
Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53193 of 2025
                   Arising Out of PS. Case No.-68 Year-2025 Thana- BALTHAR District- West Champaran
                 ======================================================
                 Nasrullah Miyan @ Md. Nasurullah @ Nasurullah Miyan @ Md. Nasrullah
                 S/O Rajdar Miyan @ Rajdar Siddique @ Rajdar Sidaki R/O Village- Sheikh
                 Tola, P.S- Balthar, Distt.- West Champran.


                                                                                  ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar

           2.    X R/O Village- Sheikh Tola, P.S- Balthar, Distt.- West Champaran.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

5   03-02-2026                  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.
Patna High Court CR. MISC. No.53193 of 2025(5) dt.03-02-2026
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          Learned counsel for the petitioner submits that general and

          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 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
           Patna High Court CR. MISC. No.53193 of 2025(5) dt.03-02-2026
                                                       3/3




                     petitioner is, hereby, rejected.

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



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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