Patna High Court
Md. ChandversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 395
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.