Patna High Court
Nazir Hussain @ Najir HussaniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied because the petitioner’s confession and recovered evidence indicated a strong case against him, and the trial had not yet concluded.
Summary
The petitioner, Nazir Hussain, was arrested in connection with a murder case (Sections 302, 201, 34 IPC) and has been in custody since July 2023. He applied for regular bail for the third time, claiming that all trial witnesses have been examined. The trial court noted that the deceased's body was recovered, the petitioner confessed to the crime, and a stolen earphone was found in his possession. Considering the confession, recovered evidence, and the seriousness of the offences, the High Court declined to grant bail. The court also directed the police to ensure timely examination of witnesses and urged the trial court to expedite the proceedings, allowing the petitioner to reapply for bail if the trial is further delayed.
Issues considered
- Whether regular bail should be granted to an accused who has confessed to murder and for which stolen property has been recovered
- Whether the delay in trial proceedings justifies the grant of bail
Legislation cited
- Indian Penal Code — s. 201, 302, 34
Subjects
- bail
- murder
- confession
- Indian Penal Code
- regular bail
- high court
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68625 of 2025
Arising Out of PS. Case No.-209 Year-2023 Thana- PIPRA District- East Champaran
======================================================
Nazir Hussain @ Najir Hussani S/O Late Nathu Mian Resident of Village-
Muslim Tola Chap @ Chanp, P.S.- Pipra, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Prasad
For the Opposite Party/s : Ms. Nirmala Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 3rd attempt of the petitioner. The
petitioner seeks bail in connection with Pipra P.S. Case No. 209
of 2023 registered for the offence under Sections 302, 201/34 of
the Indian Penal Code.
3. Earlier the bail application of the petitioner was
rejected twice on 29.02.2024 in Cr. Misc. No. 75664 of 2023
and on 20.01.2025 in Cr. Misc. No. 66648 of 2024. The order
dated 20.01.2025 reads as follows:-
Heard the learned counsel for the
petitioner and the learned APP for the State.
2. This is the 2nd attempt of the
petitioner. Earlier the bail application of the
petitioner was rejected vide order dated
29.02.2024 passed in Cr. Misc. No. 75664 of
2023.
Patna High Court CR. MISC. No.68625 of 2025(3) dt.11-02-2026
2/3
3. The petitioner seeks regular bail in
a case registered for the offence under Sections
302, 201/34 of the Indian Penal Code.
4. The following order was passed on
29.02.2024 in Cr. Misc. No. 75664 of 2023:-
Heard the learned counsel for
the petitioner and learned APP for
the State.
2. The petitioner seeks regular
bail in a case registered for the
offence under Sections 302, 201, 34
of the Indian Penal Code.
3. As per the prosecution case,
the dead body of the deceased was
found duringinvestigation. Some
criminals were caught. They have
confessed their crime. The
petitioner has also confessed his
crime.
4. One of the looted articles
i.e. earphone has been recovered
from the petitioner. The petitioner is
in jail since 11.07.2023.
5. Considering the recovery
and the allegations levelled against
the petitioner, I am not inclined to
grant bail to the petitioner. This
application for regular bail is
dismissed.
6. The court below is directed
to expedite the trial of the petitioner.
In the case the trial is delayed, the
petitioner may renew his prayer for
bail.
5. No ground for review is made out.
6. Accordingly, this application for
regular bail is again rejected.
7. The Superintendent of Police, East
Champaran is directed to see to it that the
witnesses are examined on the dates fixed in the
Trial.
8. Let a copy of this order be
communicated to the Superintendent of Police,
East Champaran through FAX for its compliance
Patna High Court CR. MISC. No.68625 of 2025(3) dt.11-02-2026
3/3
forthwith.
4. The learned counsel for the petitioner submits that
in the trial, all the witnesses have been examined.
5. In these circumstances, this application for regular
bail is hereby rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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