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Patna High Court

Md. ChandversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted as the offence is grave, the State is producing witnesses, and the accused’s bail bond had been cancelled due to trial delays.

Summary

The petitioner, Md. Chand Md. Rasid, applied for bail in a case registered under Section 395 of the Indian Penal Code concerning a serious offence. The application was the second attempt after an earlier bail denial on 26 June 2024. The petitioner argued for bail on the grounds of custodial detention and alleged delay in trial, while the State contended that witnesses were being produced and that other accused on bail were causing trial delays, leading to cancellation of bail bonds. The court considered the gravity of the offence, the State’s active production of witnesses, and the impact of bail-related trial delays. Concluding that the seriousness of the charge and the State’s efforts outweighed the petitioner’s arguments, the court refused to review its earlier order. Consequently, the bail application was dismissed.

Issues considered

  • Whether bail should be granted to the accused under Section 395 IPC given the seriousness of the offence, custodial status, and alleged trial delays

Legislation cited

Subjects

  • bail
  • Section 395 IPC
  • trial delay
  • witness production
  • high court
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7174 of 2025
                      Arising Out of PS. Case No.-248 Year-2023 Thana- HARNAUT District- Nalanda
                 ======================================================
                 Md. Chand Md. Rasid Resident of Village- Andhanna More, Ps- Noorsarai,
                 Dist- Nalanda

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Satya Ranjan Sinha, Advocate
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   09-02-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                   2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Harnaut P.S. Case

                   No.248 of 2023, arising out of S.T. No.257 of 2024, registered

                   for the offence under Section 395 of the I.P.C.

                                  3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 26.06.2024 passed in Cr. Misc.

                   No.43356 of 2024.

                                 4. Learned counsel for the petitioner submits that has

                   prayed for bail of the petitioner on the ground of custody and

                   delay in trial.

                                   5. Mr. Jharkhandi Upadhyay, learned APP for the

                   State submits that the witnesses are being produced by the State
             Patna High Court CR. MISC. No.7174 of 2025(6) dt.09-02-2026
                                                         2/2




                       but some of the accused, who are on bail are delaying the trial

                       and they have got the bail bond cancelled.

                                   6. Considering the gravity of the offence and the fact

                       that witnesses are being produced by the State but some of the

                       accused, who are on bail are delaying the trial, I am not inclined

                       to review my earlier order..

                                   7. Accordingly, the application stands dismissed.



                                                  (Sandeep Kumar, J)
mdrashid/-

U      T


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