Patna High Court
Md. JasimversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition is dismissed as there is no fresh ground to alter the earlier decision.
Summary
The petitioner, Md. Jasim, was arrested on 5 August 2024 and charged under Sections 103(1) and 309(6) of the Bharatiya Nyaya Sanhita, 2023. He applied for bail, which was previously rejected on 8 April 2025, with a direction to expedite the trial. A report showed that charges were framed on 10 December 2025 and witnesses were summoned, but the petitioner remained in custody. The petitioner argued that he was being detained without reason, while the State opposed bail. The court found no fresh ground to revisit the earlier decision and again denied bail, directing the trial court to complete the trial within five months and allowing a future bail application if the deadline is missed.
Issues considered
- Whether the petitioner is entitled to bail in the absence of any fresh ground since the earlier bail denial.
- Whether continued judicial custody is justified given the stage of the trial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 309(6)
Subjects
- bail
- judicial custody
- Bharatiya Nyaya Sanhita
- criminal procedure
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5929 of 2026
Arising Out of PS. Case No.-281 Year-2024 Thana- BELDOUR District- Khagaria
======================================================
Md. Jasim S/o Md. Hussain R/o vill - Jafarbasa, P.S.- Beldaur, Distt.-
Khagaria, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Seema Kumari, Advocate
For the Opposite Party/s : Mr.Md. Mushtaque Alam, 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.T. No.
702 of 2025, arising out of Beldaur P.S. Case No. 281 of 2024
(G.R. No. 2424 of 2024) instituted for the offences under
Sections 103(1) 309(6) of the Bharatiya Nyaya Sanhita, 2023.
3. Earlier vide order dated 08.04.2025 passed in Cr.
Misc. No. 1308 of 2025, regular bail of the petitioner was
rejected by this Court considering the nature of accusation and
the gravity of the offence, with a direction to the trial Court to
expedite the trial expeditiously.
4. In compliance of the order dated 29.01.2026, a report
dated 07.02.2026 with regard to the present stage of trial has
been received. From perusal of the aforesaid report, it appears
Patna High Court CR. MISC. No.5929 of 2026(3) dt.18-03-2026
2/2
that on 10.12.2025 charge has been framed against the accused
persons and summon has been issued against the prosecution
witnesses.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 05.08.2024
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.
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 five months from today. If the trial
is not concluded within the period of five 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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